SUBBA RAO J. -The appellant is a dealer in foodgrains at Dhar in Madhy Pradesh. He was prosecuted in the Court of the Additional District Magistrate. Dhar, for having in stock 885 maunds and 2 1/4 series of wheat for the purpose of sale without a licence and for having thereby committed an offence under section 7 of the Essential Commodities Act, 1955 (Act X of 1955), hereinafter called the Act. The appellant pleaded that be did not intentionally contravene the provisions of the said section on the ground that he stored the said grain after applying for a licence and was in the belief that it would be issued to him. The learned Additional District Magistrate, Dhar, found on evidence that tbe appellant had not the guilty mind and on that finding acquitted him. On appeal a Division Bench of the Madhya Pradesh High Court, Indore Bench, set aside the order of acquittal and convicted him on the basis that in a case arising under the Act "the idea of guilty mind" was different from that in a case like theft and that he contravened the provisions of the Act and the Order made thereunder. It sentenced the appellant to rigorous imprisonment for one year and to a fine of Rs. 2,000