The term dealer has been defined in clause 2 g of the Order thus g Dealer means a person engaged in the business of purchase or sale or storage for sale of oil seeds and oilseeds products, but does number include the Food Corporation of India the U.P. Food and Essential Commodities Corporation or a dealer who stocks less than 5 quintals of oils or less than 10 quintals of oil seeds or less than 25 quintals.
Another Order, viz.,
The sample fard was prepared of one sample each from the companylected samples and after taking the signature of every one it was handed over to the store clerk Sri Kailash Chandra.
31 kgs.
The stock register pertaining to the year 1984 85 was taken into custody and according to it on 4.11.1985 they had in their stock 2000 kiloliters of linseed oil stored with them.
The respondent filed Criminal Misc.
Petition No.15985 of 1985 in the High Court of Allahabad.
The application was accordingly allowed and the F.I.R. was quashed.
The companyies of recovery memos and Supurdginama are enclosed herewith accordingly the entire aforesaid stored oil has been given in the custody of Sri Nand Kishore, General Manager, Modi Industries, Modinagar and the sample seal and the nine sealed samples along with two stock registers are accordingly being handed over by me in the police station.
The learned single Judge of the High Court by order dated January 7, 1986 quashed the F.I.R. holding that as per the case set out in the companynter affidavit, the respondent was number engaged in the sale or purchase of the oil seeds he has been engaged in the manufacture of paints and varnishes.
Accordingly, the prosecution against the respondent is number in accordance with law.
District Magistrate Supply Ghaziabad along with Sri Mohan Singh, District Supply Officer, Ghaziabad, Sri Rameshwar Dayal, Supply Inspector Modinagar, Sri Rais Ahmad, Supply Inspector Modinagar, Sri S.K. Mishra, Marketing Inspector, Sri S.K. Singh, Marketing Inspector, Sri Anil Kumar Srivastava, Marketing Inspector, Modinagar, Sri J.R. Joshi, Sub Inspector, Sri SamaiSingh, Constable No.56, Sri Sukhbir Singh, Head Constable No.53, Police Station Modinagar etc.
In this way the said unit and the owner of the said unit Modi Industrial Unit Sri Kailash Chandra, Store Clerk, Om Prakash Sharma, Factory Manager and Modi Paints and Varnish Works, Modinagar have violated the clause 4 of the P. Oil Seeds and Oilseeds Products Control Order 1966 as amended upto date Government Order 1284/XXIX E C L 112US/77 dated 8.3.1977 which is published in the P. Gazette dated 8th March 1977 and G.O. No.4500/XXIX Section 8 22 Oil/82 dated 29.10.1982 and Clauses 2, 3, and 6 of Pulses Edible Oil Seed and Edible Oil Storage Control Order 1977 as amended upto date which is a punishable offence under Section 3/7 of the Essential Commodities Act, 1955.
This firm had been buying linseed oil and other edible oils in large quantities for quite some time, and had been storing the same and utilizing it for the manufacture of paints and varnish.
Subsequent to that also, the said industrial unit kept purchasing, storing and utilizing the said oils and kept manufacturing said selling paints and varnish.
Refined Soyabean oil 32 Qtls.
Edible oils 5 quintals for including all edible hydrogenated oils including vegetable hydrogenated oils vegetable oils taken together Edible oil 30 quintals of seeds including all edible groundnut in oilseeds.
Earlier also this firm had number made available its records companycerning stock of bills.
Therefore register a case against all the aforesaid persons and take necessary action.
The said industrial unit had given an application for obtaining a licence in respect of their business for the purpose of said oils for utilizing the same in paints and varnish but their application was rejected.
The stock of stored oil was inspected on the basis of the stock register and the following quantities of oil was found stored in the tanks Soyabean oil 843 Qtls.
Clause 4 imposes restriction on possession of pulses, edible oil seeds and edible oils.
Clause 3 thereof also provides the mandatory requirement of obtaining licence by dealers with the following language Licensing of dealers Notwithstanding anything companytained in any State Orders after the expiration of a period of fifteen days from the companying into force of this clause, numberperson shall carry on business as a dealer in pulses or in edible oilseeds or in edible oils except under and in accordance with the terms and companyditions of a licence granted under a State Order if the stocks of pulses or edible oilseeds or edible oils in his possession exceed the quantities specified below Pulses 10 quintals for all pulses taken together.
The said oil companyes in the category of edible oils because soyabean oil and refined soyabean oil are such oils in which the food can be companyked.
Therefore, he is number a dealer in oil seeds or edible oil companyered under the P. Oilseeds and Oil seeds Products Control Order, 1966 for short, the Order.
This industrial unit had been buying and storing the linseed oil and other edible oils, and in this respect the said industrial unit has number obtained any licence.
No dealer shall, after a period of fifteen days from the companying into force of this clauses either by himself or by any person on his behalf, store or have in his possession at any time pulses, edible oil seeds or edible oils in excess of the quantities specified thereunder.
shell.
Pulses, Edible Oil seeds and Edible Oils Storage Control Order, 1977 was issued.
and 45 kgs.
According to the oil register taken into custody, the aforesaid unit had purchased the refines soyabean oil, soyabean oil and linseed oil, had stored the same, utilised the same for manufacturing of varnish and paints and sold the said paints and varnish.
To day on 4.12.1985 in the evening at about 3.30 p.m. myself Abdul Qadir, Senior Marketing Inspector, Modinagar under the direction of Sri P.K. Upadhayaya, Addl.
This appeal by special leave has been placed before us by a reference.
Admittedly, the respondent does number have any licence issued under either of the Orders.
That companytention was accepted by the High Court.
Thus this appeal by special leave.
The quantities specified or stock limits maximum and minimum have been prescribed.
In this way the said unit has utilised the edible oils in the manufacture of paints and varnish in illegal manner and without obtaining any licence.
No dealer shall occupy or set up any premise for purchase or sale or storage for sale of oil seeds and oil seeds products, except under and in accordance with the terms of a licence granted by the Regional Food Controller under the Order.
Both the Orders issued under Section 3 of the Essential Commodities Act regulate possession of ant dealing in of the essential companymodities for equitable distribution at fair price or for supply to the companysumers.
The appellant State has filed an F.I.R. with allegations as under It is submitted that Modi Paints and Varnish Works, manufactures Varnish and Paints at Modinagar.
Castor oil 8147 Qtls.
and 57 kgs.
To verify four tanks oil stored in them the oils stated by the party, three samples each were taken from every tank total 27 samples and sealed on the spot in the presence of the representatives of the firm Sri Kailash Chandra, Store Clerk and Sri O.P. Sharma, Factory Manager, the stock register pertaining to the year 1985 86 companysisting of 389 pages serially numbered was taken into custody after the used pages signed by me and the said Kailash Chandra.
inspected the oilstored in the oil tankers of Modi Paints and Varnish Works, Modinagar.
