1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 131/2010 M/s Paras Traders, through its Proprietor Parasmal s/o Bhikchand Khatod, ..Applicant. Versus District Supply Officer, Aurangabad, Dist. Aurangabad and another ...Respondents. Mr. D.S. Bharuka, Advocate for the applicant. Mr.S.G. Nandedkar, A.P.P. for the respondents No.1 and 2. CORAM: A.V. NIRGUDE, J. Date :30th August, 2010 PER COURT:- 1 This revision is filed under Section 401 of the Code of Criminal Procedure against the orders passed by the Additional Collector, Aurangabad and the 6th Additional Sessions Judge, Aurangabad. 2 The facts leading to the litigation are as under:- The applicant is a wholesale Trader of grains and Pulses. As per the provisions of the Maharashtra Scheduled commodities wholesale dealers licensing Order, 1998, admittedly, the applicant had made application for renewal of the licence required to stock pulses and in view of the provisions of the Clause - 3 of the order, the applicant was entitled to carry on the business till his application seeking renewal of the licence, is rejected. Admittedly, the applicant’s application is still pending. As per the provisions of the above mentioned Order, the applicant does not require any 2 licence to stock and trade in food grains. Despite this, on 16/08/2009 the certain action-committee appointed by the District Supply Officer, took search of the applicant’s godown and found 529.50 quintal of rice and 160.20 quintal of Math Dal, stocked in the godown. The action-committee seized the articles and the learned Additional Collector, Aurangbad issued show cause notice to the applicant as to why articles should not be confiscated under the provisions of Section 6-A of the Essential Commodities Act, 1955. 3 The case of the State of Maharashtra is that in 2008 the Central Government imposed restrictions on stocking of even food grains such as wheat and rice. So, it is found necessary for any Trader, who deals in food grains like wheat and rice, to obtain licence under the above mentioned order. The State Government took this decision in 2008 and issued instructions vide Government Resolution dated 09/05/2008. As per this Government Resolution, a Trader like the applicant has to obtain licence to stock rice over 100 quintal. In view of this, the learned Additional Sessions Judge held that though the applicant’s stock of Math Dal could not be confiscated, his stock of rice is liable to be confiscated. This finding is being challenged in this revision. 4 I went through the provisions of the above mentioned licensing Order of 1998 and found that in 2002 the State of Maharashtra amended this Order and removed the items such as edible oil, oilseeds, food grains and sugar from the purview of the licensing order. In view of the amendment of 2002, the wholesale dealer would mean only a dealer who deals with Gud, Khandaris, Hydrogenated edible oil and pulses in certain quantity. In view of this, after 2002, a wholesale Trader who deals in food grains, such 3 as rice is not required to obtain licence under the provisions of the licensing order. Despite this certified law on this subject, suddenly the State of Maharashtra issued the above mentioned Government resolution on 09/05/2008. The learned Additional Public Prosecutor conceded that the Government Resolution is not in consonance with the licensing order of 1998. The provisions of licensing order should therefore prevail and the applicant’s stock of rice this, can not be held to be liable for confiscation. The impugned order of the appellate Court thus, requires further correction. ORDER The revision application is allowed. The order passed by the 6th Additional Sessions Judge, Aurangabad in Criminal Appeal No. 182/2009 is partly set aside. The order of confiscation of 529.5 quintal rice shall stand set aside. The stock of rice shall be returned to the applicant. [A.V. NIRGUDE, J.] task/