These three permits merely permitted the appellant to sell certain specified quantities of foodgrains to M s. Ratilal Ramanlal, who were described as wholesale dealers.
It was number stated in the applications to which Shrirampur he intended to export foodgrains and numberparticulars were given.
The appellant being aggrieved by the order of companyviction and sentence recorded against him, preferred an appeal to the High Court, but the High Court agreeing with the view taken by the learned Additional Sessions judge, companyfirmed the companyviction and merely gave relief in regard to sentence by reducing it from one year to six months rigorous imprisonment, while maintaining the sentence of fine.
On March 18, 1967 the appellant made three applications to the Mamlatdar fin permit to export certain quantities of foodgrains to M s. Ratilal Ramanlal at Shrirampur.
3000/ .
The appellant thereupon got the three permits amended by a clerk in the office of the Mamlotdor by substituting the words Sholimor via Nagpur for the word Shrirampur and on the strength of these amended permits, he exported the foodgrains to Shalimar.
The appellant thereupon preferred the present appeal with special leave obtained from this Court.
The evidence on record shows that the Mamlatdar was number authorised by the State Government or the Collector to issue any such authorisation, and in any event, the three permits issued by him did number even purport to grant any such authorisation to the appellant.
But as subsequent events show, he intended to export foodgrains number to Shrirampur which is situate in Maharashtra but to Serampore, a place near Calcutta.
Note 1 of Clause 7 A declared that the licensing authority may permit a wholesaler, who is a licensee, to sell foodgrains to a licensed wholesaler in other States, subject to the restrictions that may operate on inter State movement of foodgrains and also permit a licensed wholesaler of one market to sell foodgrains to a licensed wholesaler in another market within the State, in cases where he is satisfied that such sales are made in accordance with the traditional pattern of trade.
These three permits were issued by the Momlotdor in exercise of the powers vested in him under Clause 7 A of the licence under the order of 1963.
It appears that when the appellant went to the goods clerk for the purpose of despatching the foodgrains to Serompore, he was told by the goods clerk that there was numbergoods shed at Serompore railway station near Calcutta and numberwagon companyld, therefore, be mode available for exporting the foodgrains to Serompore, but instead the appellant might export the foodgrains to Sholimor railway station where a goods shed was available.
When the Mamlatdar came to know that the appellant had exported foodgrains outside the State of Maharashtra on the strength of the permits issued by him, without obtaining permits under Clause 3 of the Maharashtra Foodgrains Export Control Order, 1966 hereinafter referred to as Order of 1966 , lie immediately reported the matter after holding an inquiry and a companyplaint was lodged against the appellant and two others inter olio for companytravention of Clause 3 of order of 1966, punishable under Section 7 of the Essential Commodities Act, 1955.
The appellant, there fore, though permitted to sell the specified quantities of foodgrains to M s. Ratilal Ramanlal under the three permits issued by the Mamlatdar, was number entitled to export such quantities of foodgrains to M s. Ratilal Ramanlal outside the State of Maharashtra without obtaining the requisite authorisation from the State Government or the Collector or an officer authorised in that behalf by the State Government or the Collector.
The Mamlatdar issued three permits on the basis of the applications made by the appellant and by these three permits the Mamlatdar permitted the appellant to sell certain specified quantities of foodgrains to M s. Ratilal Ramanlal of Shriromper within three days from the date of each permit.
N. Bhagwati, J. The appellant was at the material time carrying on business as a wholesale dealer in foodgrains under a licence issued to him under the Maharashtra Foodgrains Dealers Licensing Order, 1963 hereinafter called as the Order of 1963 .
The license was in a printed form and Clause 1 A of the license provided that the licensee, if he is a wholesale dealer, shall sell foodgrains only to retailers and companysumers and number to licensed wholesalers except under a permit obtained from the licensing authority.
