Court : Andhra Pradesh
Decided on : Mar-06-2002
Reported in : 2002(3)ALD538
..... , 1998 ('control order' for brevity) was issued by the central government vide gsr no. 584(e), dated 17-9-1998 in exercise of their powers under section 3 of the essential commodities act, 1955 ('the act' for brevity). the government of andhra pradesh by their orders in g.o. ms. no. 42, food, civil supplies and consumer affairs (cs.iii) department, dated 17-5- ..... eonsume any quantity of wheat, paddy/rice, coarse gains, sugar, edible oil seeds and edible oils and shall not require any licence or permit under any order issued under the essential commodities act, 1955. after going through the 2002 control order, this court is of the considered opinion, in pith and substance, it is only a control order permitting a person to buy ..... or sell certain foodstuffs without any licence under any order issued by the central government or state government under the essential commodities act. the impugned control order viz., edible oils packaging (regulation) order, 1998 does not, however, deal with the same. therefore, the submission that on coming into force of the 2002 ..... contend that the action of the state government in proposing to implement the central control order is arbitrary and illegal. this challenge ignores the basic principles of constitutional governance. the essential commodities act is a law made by the union legislation under to entry 33 of the concurrent list of vii schedule to the constitution. therefore, even if in the state of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-19-2002
Reported in : 2002(3)LS252
..... of wheat, paddy/rice, coarse grains, sugar, edible oil seeds and edible oils and shall not require a permit or license therefore under any order issued under the essential commodities act, 1955. the provisions of this control order shall take effect notwithstanding anything to the contrary in any order made by a state government before the commencement of this order, except ..... quantity of wheat, paddy/rice, coarse grains, sugar, edible oilseeds and edible oils and shall not require a permit or license therefor under any order issued under the essential commodities act, 1955. 4. the provisions of this order shall take effect notwithstanding anything to the contrary in any order made by a state government before the commencement of this order except ..... evidence to show that they have purchased such rice. in spite of that, the authorities have booked cases against the petitioners under section 6-a of the essential commodities act, 1955 (hereinafter referred to 'the act') and charge sheeted them on the file of the district collector, west godavari district at eluru. during the pendency of the proceedings, the petitioners were allowed ..... in the order at fair prices throughout the country. now, therefore, in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955), the central government hereby makes the following order : - 1. short title. extent and commencement (a) this order may be called the removal of (licensing requirements, stock limits and .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-28-2002
Reported in : (2003)4GLR3718
..... taken for eliminating the middlemen like the petitioners can not be said to be ultravires the object of control order, 1981 or the essential commodities act not it can be said that the same is de-hose the power conferred under essential commodities act, 1955. in my view, if the state has made law, may be by subordinate legislation for laudable purpose to ensure that the consumer ..... restriction as may be put by law for the purpose of public interest or public at large. the essential commodities act, 1955 itself has put up a restriction upon the right to have the business in essential commodities. since the object of the act is to regulate supply of essential commodities to the public at large, it can hardly be said that such a restriction can not be put ..... by law. if any citizen is desirous to undertake the business, may be in kerosene or anyother essential commodity, then he or she is required to do the business in the manner as regulated by the essential commodities act, 1955 read with relevant control order. if the control order of 1981 is by way of restriction upon the right to do business ..... gets better supply of essential commodities by eliminating class of middlemen, it can not be said to be against public interest nor can it be said .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-03-2002
Reported in : 2003(3)ALT677
..... of a.p. (6 supra) wherein a division bench of this court had an occasion to deal with a similar issue, where even the constitutionality of the provisions of the essential commodities act, 1955 was questioned. in the said matter, the division bench heard a batch of three criminal revisions in which confiscation orders passed by the original authority were confirmed by the appellate ..... same contravenes the conditions 3 (i) (iii) and (iv) of the license conditions of the control order, 1982 as well as sections 7 and 8 of the essential commodities act, 1955 (hereinafter referred to 'the ec act'). therefore, the inspecting authorities seized the entire stock, worth rs. 30,26,960/- and the petitioner was also arrested for the alleged contravention. thereafter a case was registered ..... in view of the decision of apex court, but, those judgments were rendered before section 10-c was inserted in the essential commodities act, 1955, which implies mens rea when even there is contravention as contemplated under section 6-a of the e.c. act. in the light of the said provision, the decision in nathuala's case (1 supra) has no application. therefore, the ..... is just and valid and does not call for any interference. the learned government pleader also contended that the control order, 1982 were enacted in order to see that the essential commodities would not be hoarded and in order to make them available to the public. as the action of the petitioner had resulted in defeating such purpose, the order of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-06-2002
Reported in : AIR2002SC1285; JT2002(2)SC549; 2002(2)SCALE476; (2002)4SCC125; 2SCR261; 128STC226(SC)
..... purchase of transactions concerning rice in view of the control order. to fortify the submission reliance was placed on section 6 of the essential commodities act which provides that any order made under section 3 of the essential commodities act, 1955 would have effect notwithstanding anything inconsistent contained in any other enactment. the same reads as:"6. effect of orders inconsistent with other enactments ..... as well as by the sugarcane (control) order, 1966 and sugarcane (control) order, 1966 both issued under section 3 of the essential commodities act, 1955. it was held that the bihar agricultural produce markets act, 1960 had been enacted by the bihar legislature as per the legislative powers vested in it by entries 26, 27 and 28 of list ii of ..... order and therefore the question of its being repugnant or inconsistent with the control order thereby making it ineffectual in terms of section 6 of the essential commodities act, 1955 did not arise. that the bench had passed the order regarding sugarcane or manufactured items therefrom on the peculiar provisions of the two ..... .- any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-2002
Reported in : AIR2002SC2405; JT2002(4)SC625; (2002)3MLJ8(SC); (2002)5SCC466; 3SCR735; 2002(2)LC865(SC)
..... down by the high court of m.p. the aggrieved petitioners have filed these petitions for leave to appeal.2. leave granted.3. admittedly, kerosene is a controlled commodity to which the essential commodities act 1955 (hereinafter 'the act', for short) applies. under sub-section (1) of section 3, if the central government is of the opinion that it is necessary or expedient so to ..... , administrative surcharges were sought to be levied under a control order issued in exercise of the powers conferred by sub-sections (1) and (2) of section 3 of the essential commodities act, 1955. it was held that such levy and realization were without the authority of law. a tax or fee, as advised, could be levied in accordance with law if permissible, but ..... do for maintaining or increasing supplies of any essential commodities or for securing their equitable distribution and availability at fair prices, it may by order provide for regulating or prohibiting ..... to build up a fund available with the director and the collectors is directed to be quashed being ultra vires of article 265 of constitution and section 3 of the essential commodities act and para 2(d) of kerosene restriction on use and fixation of sale price order 1993. the appeals stand disposed of accordingly.19. however, on the facts brought .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-25-2002
Reported in : 2002(5)ALD682; 2002(2)ALT(Cri)198
..... the respondent and on the basis of the panchanama conducted and drawn by them, the respondent filed the f.i.r. she submits that as per the provisions of the essential commodities act, 1955 any public officer is competent to prosecute an offender, subject to certain legal requirements like sanction of the prosecution, and that even before the respondent could take other steps, the ..... a.p. control order') and conditions 2, 5 and 6(i) of the licence issued under a.p. control order read with sections 7 and 8 of the essential commodities act, 1955 (for short 'the act'). thereafter, the respondent registered a crime against the petitioner in f.i.r. no. 61/vc.mbnr/2000 on 24-6-2000 and sent the same to the court ..... question that arises for consideration is whether in respect of an offence under sections 7 and 8 of the act, the inspector of police, vccsd, is competent to file f.i.r.?7. the essential commodities act, 1955 is a special enactment. under section 7 of the act, it shall be an offence for any person to contravene any control order made under section 3 of ..... effect is that the special courts ceased to function, and presently, the matters arising under the essential commodities act, 1955, are being dealt with by the courts having jurisdiction under the said act.8. we may also notice the relevant control orders to the extent necessary. section 3 of the act provides that the central government or the state government, as the case may be, may .....Tag this Judgment!
Court : Delhi
Decided on : Mar-14-2002
Reported in : 2002IVAD(Delhi)97; 111CompCas52(Delhi); 2002CriLJ2760; 97(2002)DLT556; 2002(62)DRJ351
..... in charge of and responsible to the company for the conduct of its business and with regard to them the provision of sub-section (1) of section 10 of the essential commodities act, 1955 would apply. it was further held that burden in law is cast upon them to prove the absence of mens- read while in respect of others sub-section (2) applied ..... rayagada alleging contravention of clauses 3 and 5 of the sugar (control) order, 1966 and clause 4(1) of sugar (packing and marking) order, 1970 punishable under section 7 of essential commodities act, 1955 and on the basis thereof sub divisional magistrate took cognizance of the offences alleged. in aforesaid report it was noticed that factory produced 2931 bags of sugar during the year ..... with the company. section 10 lists the person who may be held guilty and punished when it is a company that contravenes an order made under section 3 of the essential commodities act. naturally, before the person-in-charge or an officer of the company is held guilty in that capacity it must be established that there has been a contravention of the ..... ) rendered by apex court rules that even a person in charge of and responsible to the company could be prosecuted under section 10 of the essential commodities act. to be only noted that provision of section 141 of the act is by and large similar to said section 10. saj flights services ltd's case, thus, has to be ignored as not reflecting the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-08-2002
Reported in : 2002(5)MPHT371; 2002(2)MPLJ225
..... ,000/- and all the stock of grains which was found in excess was confiscated in favour of the state government under the provisions of section 6a of the essential commodities act, 1955 (hereinafter referred to as the 'act' for short), against which the appeal was filed and the same has also been dismissed by the lower appellate court. hence, this revision.2. learned counsel ..... case of munilal bhagwat sharan and ors. v. the chief commercial superintendent eastern railway and ors. (air 1972 calcutta 405) the calcutta high court has held :--'section 6b of the essential commodities act makes it clear that no confiscation can be made unless the competent authority hears a representation from the person affected. if the authorities do not have an open mind before ..... ), order, 1991, clause 8 (1) and condition nos. 3 (a), (b), (c), 4, 6, 8 and 11 of the licence which is punishable under section 3/7 of the essential commodities act, and thereafter, he has given notice to show cause for confiscation of seized grains. if the collector, ujjain had already made up his mind that there was breach of the ..... /- security amount is nowhere indicating that the applicant has committed the breach of any order made under section 3 of essential commodities act. section 6a of the act reads as under:--'6-a. (1) confiscation of foodgrains, edible oilseeds and edible oils.--where any (essential commodities is seized) in pursuance of an order made under section 3 in relation thereto, (a report of such seizure .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-2002
Reported in : AIR2002SC1633; 2002(2)AWC1340(SC); JT2002(3)SC431; 2002(3)SCALE187; (2002)4SCC98; 2SCR838
..... speed diesel oil in the state of u.p. was governed by an act known as 'u.p. motor spirit, diesel oil and alcohol (imposition of tax) act, 1939 enacted by provincial legislature of the then united provinces. subsequently, the parliament enacted the essential commodities act, 1955 (hereinafter referred to as 'the act') with a view to provide, in the interest of general public, ..... for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. it is not disputed that the sale of high speed diesel oil and ..... it is not disputed that the method of grant of licence as well as the conditions of licence and its renewal are provided in the statutory order framed under the essential commodities act. clause 2(d) of the statutory order provides that 'dealer' means a person engaged in the business of purchase, sale or storage for sale of high speed diesel ..... -section (1), an order amongst other things, may provide for regulating by licences, permits or otherwise the storage, transport, distribution, disposal or consumption of any essential commodity. section 5 of the act provides that the central government may, by notified order, direct that the power to make orders or issue notifications under section 3 shall, in relation to such .....Tag this Judgment!