J.N.TAKRU, J. - (1.) THESE are 13 connected appeals against the judgments and orders of a learned First Class Magistrate of Fatehgarh, acquitting the respondents under Section 7 of the Essential Commodities Act, 1955 read with clause (8) of the U.P. Khandsari Sugar Manufacturer's Licensing Order, 1960 for contravention of clause 3 (1) of the said Order.
(2.) IT appears that the respondents in Government appeals Nos. 978, 979, 1058, 1065 and 1067 of 1964 are Ram Krishna, Harish Chandra and Chandra Prakash, while the respondent in Government appeals Nos. 1059, 1060, 1061 and 1062 of 1964 is Sarnam Singh, the respondent in Government appeals Nos. 1064, 1066 and 1068 of 1964 is Bengali Lal, and the respondent in Government appeal No. 1068 of 1964 is Hari Babu. In the case giving rise to Government Appeal No. 978 of 1964 the prosecution alleged that the respondents operated two centrifugal machines for the manufacture of Khandsari sugar during the seasons 1961 -62 in village Prithi Darwaza without obtaining a license for the same as requirad by clause 3 (1) of the Khandsari Sugar Manufacturer's Licensing Order, 1960 hereinafter called the order. In the case giving rise to Government appeal No. 979 of 1964 the prosecution alleged that the respondents operated one power -crusher and one bel containing 18 Kolhus for the manufacture of Rab for conversion into Khandsari sugar during the season 1961 -62 in village Kunda Mazra Ahmadganj, Police Station Kaimganj, without obtaining a license as required by clause 3 (1) of the Order. In the case giving rise to Government appeal No. 1058 of 1964 the prosecution allegations were that the respondents operated one bel containing 10 Kolhus in village Baritpur, P. S. Shamshabad, for the manufacture of Khandsari sugar/Rab during the season 1961 -62 without obtaining a license for the same as required by clause 3 (1) of the Order. In the case giving rise to Government appeal No. 1061 of 1964 the prosecution allegations were that the respondent operated one hand -driven centrifugal machine in village Lahra for the manufacture of Khandsari Sugar/Rab during the season 1961 -62 without obtaining a license for the same as required by clause 3 (1) of the Order. In the case giving rise to Government appeal No. 1060 of 1964 the prosecution alleged that the respondent operated one hand -driven centrifugal machine at village Lahra and worked two bels - one at village Bhakusa and the other at village Harisinghpur -for the manufacture of Khandsari Sugar/Rab during the season 1959 -60, without obtaining a license for the same as required by clause 3 (1) of the Order. In the case giving rise to Government appeal No. 1059 of 1964 the prosecution alleged that the respondent operated two bels in village Bhakusa for the manufacture of Khandsari Sugar/ Rab during the season 1960 -61, without obtaining a license for the same as required by clause 3 (1) of the Order. In the case giving rise to Government appeal No. 1064 of 1964 the prosecution alleged that the respondent operated one hand -driven centrifugal machine for the manufacture of Khandsari sugar at Prithi Darwaza, Kaimganj during the season 1960 -61 without obtaining a license for the same as required by clause 3 (l) of the Order. In the case giving rise to Government appeal No. 1068 of 1964 the prosecution allegations were that the respondent operated one hand -driven centrifugal machine at Prithi Darwaza Kaimganj for the manufacture of Khandsari sugar during the season 1961 -62 without obtaining a license for the same as required under clause 3 (1) of the Order. In, the case giving rise to Government Appeal No. 1066 of 1964 the prosecution alleged that the respondent operated one bel of 12 Kolhus for the manufacture of Rab in village Akakhaire for its conversions into Khandsari sugar during the season 1961 -62 without obtaining a license for the same as required by Clause 3 (1) of the Order. In the case giving rise to Government Appeal No. 1063 of 1964 the prosecution alleged that the respondent and one Jai Narain Paliwal, since deceased, operated two hand -driven centrifugal machines in Kampil road Kaimganj for the manufacture of Khandsari Sugar/Rab during the season 1959 -60 without obtaining a license for the same as required by Clause 3 (1) of the Order. On these allegations the respondents were prosecuted for contravention of Clause 3 (1) of the Order - i. e., for operating the centrifugals or/and bels without obtaining prior licenses for doing so.
(3.) RAM Krishna, Harish Chandra and Chandra Prakash, Sarnam Singh and Bengali Lal did not dispute the prosecution allegations that they were operating the centrifugal machines or/and bels at the material time and place, and their sole defence was that as they were not manufacturing Khandsari sugar, they were not required to obtain any license. Hari Babu, denied that he operated any crusher or centrifugal hand -driven machine either alone or with Jai Narain Paliwal, in the alternative he also disputed his liability to obtain a license for operating them. The learned Magistrate held that as the prosecution had failed to prove that the Rab or sugar allegedly recovered from the possession of the respondents contained more than 90% sucrose they could not be held to have manufactured Khandsari sugar as defied in the Order, and, consequently, they could not be held guilty under Clause 3 (1) of the Order for not obtaining licenses for operating their centrifugals or/and bels and he, therefore ordered their acquittal. Hence, these appeals. As the main point involved in all these appeals is the same, and they were also connected and heard together, it will be convenient to dispose of them by a common judgment. On behalf of the State, it was contended that as Clause 3 (1) of the Order required a manufacturer "to obtain a license before carrying on or undertaking any processes connected with the manufacture of Khandsari sugar by means of a power -crusher, bel or centrifugal," and as, in the present case, the respondents had admittedly carried on some processes connected with the manufacture of Khandsari sugar by means of centrifugal or/and bels, the learned Magistrate was in error in holding that they had not contravened the aforesaid clause. On behalf of the respondents it was however contended, (1) that the said Order applied only to 'manufacturers' who were engaged in the processes connected with the manufacturer of Khandsari sugar as defined in the Order and as there was no evidence to show that the processes which the respondents were found employing were to that effect the said Order had no application to the present cases and (2) that, if the said Order was found to apply to them, then it was ultra vires, being in excess of the power delegated to the State Government, under the Sugar (Control) Order, 1955. After hearing the learned counsel for the parties at length, I am satisfied that the contention advanced on behalf of the State is not sound, and all these appeals are, consequently, liable to fail. I shall, therefore, proceed to deal with this contention after setting out the material portions of the Order in question. Thus quoted the Order reads : - "3. Grant of Licences : - (1) No manufacturer shall, without obtaining from the Licencing Authority, a licence in the prescribed form in Schedule I carry on or undertake any process connected with the manufacture of Khandsari sugar by means of a power -crusher, bel or centrifugal." The word 'manufacturer' has been defined in Clause (2) (f) as meaning, "A person the uses a power crusher, bel or a centrifugal in the process of the manufacture of Khandsari sugar and includes a person who prepares rab for conversion into Khandsari sugar".;