( 1 ) THIS judgment shall also govern the disposal of Criminal Appeals Nos. 544/87, 532/87, 108/89, 109/89, 373/89, 378/89, Cr. R. Nos. 421189, 415/89 and Misc. Cr. Case No. 39. 66/88.

( 2 ) APPELLANT Mohan in his appeal was convicted U/s 7 read with Section 3 of the Essential Commodities Act, 1955 (X of 1955) (hereinafter called the Act) for breach of Paragraphs 5 and 6 of the M. P. (Khadyapadarth) Sarvajanik Nagrik Purti Vitaran Scheme, 1981 M. P. (Foodstuffs) Civil Supply-Distribution Scheme, 1981) (Hereinafter called the Scheme) and sentenced to R. I. for three months and a fine of Rs. 1,000/- in default R. I. for one month.

( 3 ) IN all the abovementioned appeals and, cases a common question of law is involved, viz. whether the breach of the Scheme, Is punishable u/s. 7 of the Act. Section 7 of the Act provides for penalty to a person, who contravenes any Order made under Section 3. Section 3 (1) empowers the Central Government, by Order, to Provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce thereof. Section 3 (2) (d) provides that and Order made under sub-section (1) may provide for regulating by licence, permits or otherwise the storage, transport, distribution, disposal, acquisition, use of consumption of any essential commodity. In exercise of powers u/s 5, the Central Government to delegate its power to the State Government u/s 3, by Notification No. G. S. R. 1088, dated 15th November, 1958. In exercise of delegated power, the State of M. P. made M. P. Foodstuffs- (Distribution Control) Order, 1960 (hereinafter called the Order), published in M. P. Rajpatra, Part I, dated 5. 11. 1960, at page 1396. Clause 2 (d) defines Government Scheme to mean a scheme for distribution of food stuffs to consumers through fair price shops set up by Government in this behalf. By amendments dated 30th October, 1980, Clause 2 (bb) was added in the definition of Fair Price Shop to mean a shop set up by the Government under the Scheme.

( 4 ) BY Notification No.- 2228-1905. XXIX, dated 20th March, 1981, the State Government published Scheme under clause 2 (d) of the 1960 Order. Clause 3 (1) of the Scheme provides for setting up of Fair Price Shop by the Collectors in each district. Clause 4 deals with appointment of agents for running Fair Price Shops. The agent appointed has to enter into an agreement with the State Government as required by clauses 5 for running the Fair, Price Shop and has to deposit certain amount as security. Clause 7 regulates the size of Fair Price Shop and the time when they are to remain open. Clause 8 provides for payment of commission and other expenses at the rate fixed by the Government. Clause 9 requires the agent to maintain register as may be directed by the Government. Clause 10 provides for displaying a board of a shop specifying the price of food stuffs, their quantity etc. Clause 11 requires the agents to sent quarterly return to the Collector. Clause 12 provides that the agents shall follow the directions issued from time to time by the State Government and Authorities. Clause 13 deals with penalty. If an agent is found to have contravened any condition of the agreement, his appointment can be suspended or cancelled. Clause 14 provides for an appeal to authorised officer.

( 5 ) IT may be mentioned here that the earlier Notification No. G. S. R. 1088, dated 15th November, 1958 was replaced by a fresh Notification No. G. S. R. 800, dated 9th June, 1978, issued by the Central Government delegating its power under Section 3 (1) of the Act to the State Government to make orders in respect of matters specified in various sub-clauses of Section 3 (2) in relation to food stuffs subject to certain conditions specified there in. The Notification runs as under: G. S. R. 800-In exercise of the powers conferred by Section 5 of the Essential Commodities Act, 1955 (10 of 195?), and in Supersession of the order of the Government of India in the