R.P. Gupta, J.

1. The present petition is directed against judgment and sentencing order dated 17-5-1991 by Special Judge, Sagar, under Essential Commodities Act. The petitioner was convicted for having contravened Clause 3(i) of M.P. Pulses Edible Oil C.E. and Edible Dealers Licensing Order, 1977 by storing 120 quintals of Tevda pulses on 01-10-1986. The petitioner has been found guilty for the offence punishable under Section 7 of Essential Commodities Act and sentenced to R.I. for 3 months.

2. In the present petition, the petitioner has raised two points : (1) that the prosecution was started by complaint by Food Inspector who seized the goods and he was not authorised to do so under the provisions of Section 12AA(1)(e) of Essential Commodities Act. He could do so only if he was so authorised by State Government. He was not an aggrieved person at the time when this offence was committed that is 01-10-1986 (2) the second point is that in fact the Pulses in question had been kept in the premises of the petitioner by his brother who was transporting them in his Truck and the Truck got out of order.

3. The later plea on merits was rejected by the trial Court on a consideration of