Khanna, J. - (1.) This appeal by special leave is directed against the judgment of Allahabad High Court whereby that court set aside the conviction of Jai Prakash respondent under clause 3 (3) of the Uttar Pradesh Rice (Levy) Order, 1965 (hereinafter referred to as the Order) read with rule 125 of the Defence of India Rules, 1962.
(2.) The respondent holds a licence for paddy milling machine in Jansath, District Muzaffarnagar. He was prosecuted on the allegation that in 1965 he worked his paddy milling machine and produced 76 quintals of rice but did not sell 60 per cent of the same to the State Government as required by clause 3 of the Order. On March 8, 1966 Marketing Inspector V. D. Tyagi visited the mills premises of the respondent but did not find the said stock of rice there.
(3.) The plea of the respondent was that paddy in question did not belong to him but to the cultivators. As such according to him, he was not liable to sell 60 per cent of the rice to the State Government.;