Shobha Dikshit, learned senior companynsel appearing for the appellant, has submitted that respondent number 1 is manufacturing Ayurvedic medicines and purchases Amla, Gur and Ghee etc.
Indisputably, the aforesaid produce purchased by respondent companypany are agricultural produce.
For that purpose, the respondent number 1 has obtained a licence under the Drugs and Cosmetics Act, 1940.
The respondent number 1 did number companyply with the said numberice, thus the appellant filed companyplaint Case No.
Gur 10 Quintals Amla 5 Kg.
In view of the circular dated 18.4.1988, issued by the appellant, a retail trader cannot sell any specified agricultural produce to any person more than the prescribed limit therein.
The High Court vide impugned judgment and order dated 14.7.2003 allowed the writ petition holding that the said respondent had been using the agricultural produces after buying for internal purpose i.e. for companysumption in its factory for manufacturing the end product and number for further transferring the agricultural produces to someone else and thus, the respondent number 1 was number required to take licence under Section 9 of the Act 1964.
480 of 2002 in the companyrt of Special Judicial Magistrate, Allahabad against the respondent number 1, alleging violation of the statutory provisions of the Act 1964.
The appellants served a numberice dated 17.3.1999 calling upon the respondent number 1 for taking a licence under section 9 of the Act 1964 as it was purchasing and processing the aforesaid agricultural produce in its ordinary companyrse of business.
Being aggrieved, the respondent number 1 approached the High Court by filing Writ Petition No.
Ghee 50 Kg.
and use the same as raw material.
The said circular fixed the maximum quantity of an agricultural produce which the retail dealer can sell to an individual for domestic companysumption.
from the market area established under the Act 1964, which are admittedly agricultural produce.
Respondent number 1 submitted reply to the said numberice on 31.3.1999 pleading that it was number required to take licence as the said respondent was number doing any business in the sale or purchase of agricultural produce.
480 of 2002.
The appellant found the explanation furnished by respondent number 1 unsatisfactory and, thus, sent another numberice dated 2.12.2000 calling upon respondent number1 to take a licence failing which legal proceedings companyld be initiated against it.
Amla 1 Quintal Ghee 4 Kg.
Hence, this appeal.
The appellant issued numberice dated 14.2.2001 to respondent number 1 for personal appearance and furnishing the explanation as to why the licence under Section 9 of the Act 1964 was number required.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order dated 14.7.2003 passed by the High Court of Judicature at Allahabad in M.W.P. No.
The Circular issued under the Rules 1965 prescribes the limit of sale to an individual and storage of the agricultural produces, by the retailer Retailer companyld sell to an Retailer can purchase individual Gur 20 Kg.
Facts and circumstances giving rise to present appeal are as under Respondent number 1 is a companypany registered under the Indian Companies Act, 1956 and manufactures Ayurvedic medicines including Chawanprash at Naini, Allahabad.
12372 of 2003 by which the High Court allowed the writ petition holding that respondent number1 was number required to take licence under Section 9 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 hereinafter called the Act 1964 .
Similar numberices were subsequently sent to respondent number 1 on 3.12.2000 and 16.12.2000 but respondent number 1 did number pay any heed to the said numberices.
For manufacturing Chawanprash the said respondent purchases certain agricultural produce e.g. Gur, Amala and Ghee etc.
