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1960 Supreme(All) 4

J.K.TANDON
HARISH CHANDRA GUPTA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.C.KHARE

J. K. TANDON, J.


( 1 ) THE three petitioners are separately employed in the business, as cottage-industry, of manufacture of Khandsari sugar in the district of Bijnor. They have, as part of that industry, installed power-crushers also for extracting juice from sugar-cane. The crushing capacity exceeds in each case the figure of 250 maunds per day. They are in this business for the last many years. It does not appear that they themselves are growers also of sugar-cane but they purchase it from sugar-cane growers of the surrounding area.

( 2 ) THE Central Government has by virtue of its power under Section 3 of the Essential commodities Act 1955, Act X of 1955, promulgated the Sugar (Control) Order, 1955. In this order, which hereinafter will be referred to as the Central Order, sugar is defined thus:

"sugar means:- (i) any form of sugar containing more than 90 per cent of sucrose including Khandsari sugar, sugarcandy and Bura sugar; (ii) any sugar of crystalline structure; and (iii) sugar in process in vaccum pan sugar factory or raw sugar produced therein. " By Clause 3 of the Order the Central Government assumed powers to regulate production and movement of sugar. The relevant port



















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