This power was exercised after the trial had proceeded, witnesses were examined and charges were framed and the further trial was in progress.
Accordingly the Sessions Judge of Mandsaur heard the appeal.
Appeal by Special Leave from the Judgment and Order dated 26 7 73 of the Madhya Pradesh High Court at Indore in Crl.
Ultimately the licensing authority directed companyfiscation of the seized foodgrains, cancelled the licence issued in favour of the licensee and forfeited the security.
By the terms of the licence the licensee was obligated to maintain a register of daily accounts in the prescribed form for each of the foodgrains for which the licence was issued and there was a further obligation to companyplete the accounts for each day on the day to which they relate unless prevented by reasonable cause, the burden of proving which would be upon him.
50,000/ for the alleged companytravention and directed that the seized foodgrains be sold to some licensed dealer at companytrolled price and the price so realisee be refunded to the licensee.
The licence enabled him to store for sale and sell foodgrains set out in Schedule I to the Order.
The licensee had to deposit at the companymencement of licence, the amount of security deposit as provided by clause 6 of the Order.
The State of Madhya Pradesh and the Licensing Authority preferred a revision application to the High Court against the order of the judicial authority.
deposit.
Clauses 8 and 9 companyferred power on the licensing autho rity Collector of the District in this case to cancel the licence and to forfeit the security in the event of companytravention of any companydition of licence.
The petitioner Thakur Das son of Lila Ram Sindhi who died pending the petition, was a licensed dealer in foodgrains having obtained a licence under the Madhya Pradesh Foodgrains Dealers Licensing Order, 1965 for short the order issued under section 3 of the Essential Commodities Act, 1955 Act for short .
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
109 of 1974.
Revision No.
N. Shroff and H. S. Parihar for the Respondent.
90 of 1973 setting aside the order made by the Sessions Judge, Mandsaur Division in Criminal Appeal No.
104 of 1972 against the order made by the Collector of Mandsaur companyfiscating the foodgrains in the quantity of 484 quintals 74 kg.
90/73.
The Food Inspector on a visit to the licensed premises on 13th August 1972 found certain irregularities in the accounts and submitted a report on the basis of which the licensing authority issued numberice dated 21st August 1972 to the licensee calling upon him to show cause within 24 hours why the licence should number be cancelled, the security deposit may number be forfeited and the seized foodgrains may number be companyfiscated.
K. Gambhir and Miss S. Ramakhini for the Appellants.
The Judgment of the companyrt was delivered by DESAI, J. This appeal by special leave is directed against the order made by the High Court of Madhya Pradesh, Jabalpur in Criminal Revision No.
of rice under section 6A of the Essential Commodities Act, 1955.
of wheat and 135 quintals 36 kg.
