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1969 Supreme(All) 47

SATISHCHANDRA
Babu Ram Jagannath – Appellant
Versus
The District Magistrate, Meerut – Respondent


Advocates:
S.C. Khare, for Petitioner; Standing Counsel, for Opposite Party.

ORDER :- The petitioner is a partnership firm. It carries on the business of

purchase and sale of foodgrains under licences granted to it under the U. P. Foodgrains Dealers Licensing Order, 964. In the evening of 12th August, 1967, the Senior Marketing Inspector, Hapur, raided the petitioner's business premises and seized a truck-load of Matar Dal (100 bags), on the belief that this commodity was being transferred to M/s. Prayag Das Ved Prakash of Ghaziabad. On 25th August, 1967, the Collector, Meerut, issued a notice requiring the petitioner to show cause why the seized goods be not confiscated under S. 6-A, Essential Commodities Act, for contravention of conditions 9 and 9-A of the aforesaid Licensing Order. The petitioner filed a representation, and contended that the goods were not being transferred as a result of any sale to any other wholesaler. So, there was no contravention of the provisions of conditions 9 or 9-A. The District Magistrate did not accept the petitioner's contention, and, by an order dated 16th October, 1967, directed that 98 quintals 40 klgs. and 700 grams of matar dal which was seized as aforesaid, be confiscated to the State. He came to the finding that t









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