JUDGMENT

B.D. Gupta, J. - The applicant Jokhu stands convicted under section 7 of the Essential Commodities Act on the ground that he had contravened the provisions contained in para. 3 of the UP Food-Grains Dealers' Licencing Order, 1964. The sentence awarded, as modified by the appellate court, is fine in a sum of Rs. 500, in default four months rigorous imprisonment. There is also an order directing forfeiture of 20 bags of rice which were recovered from the possession of the applicant.

2. On 29-11-1965, the shop and the godown of the applicant situate in village Bhagwanpur in the district of Gorakhpur were searched by a senior Marketing Inspector who was accompanied by two Inspectors. 20 bags of rice weighing 19 quintals 85 kgs. were recovered from the possession of the applicant. There was no controversy that the applicant had no licence or permit for possessing the aforesaid quantity of rice and the charge against the applicant was that in the circumstances the possession of the aforesaid quantity of rice constitute breach of the provisions contained in para. 3 of the UP Food Grains Dealers' Licencing Order, 1964, hereinafter referred to as the Order.

3. At the relevant time p