P.N. Nag, J. - (1.) THIS revision is directed against the appellant order passed by the learned Sessions Judge dated 19.6.1982, whereby he has upheld the order of confiscation of food grains and sale by the Collector, Fatehpur. It has further been ordered by the learned Sessions Judge that the confiscation of the food grains ultimately shall be subject to the result of the case under Section 3/7 of the Essential Commodities Act. Learned counsel for the applicant has argued that there is no ban on the movement of food grains in the State of U.P. and that the food grains could not have been confiscated by the Collector and upheld by the learned Sessions Judge. This contention is devoid of force as under Section 3 of the U.P. Food Grains Dealer (L and R H) Order, 1976, it is provided that no person shall carry on business as a dealer or commission agent except under and in accordance with the terms and conditions of a licence issued in this behalf by the licensing authority. It further provides that for the purpose of this clause, any person who stores any food grains in quantity of ten quintals or more of any one of the foodgrains or fifty quintals of all the foodgrains taken together at any one time, shall, unless the contrary is proved, be deemed to be engaged in the business of purchase, sale or storage for sale of such foodgrains, store the foodgrains for the purpose of sale.
(2.) THE learned Sessions Judge has relied upon the reasoning of the Collector that the Mandi Samiti entry and other entries in the account books of the parties have been got subsequently made to cover up this illegal transaction. It was further observed by the learned Sessions Judge that ultimately whether or not the said documents have been proved in evidence as a genuine transaction, can be seen by the trial Court under Section 3/7 of the Essential Commodities Act and the decision of the trial Court in that situation shall be final and the foodgrains so confiscated shall be disposed of in the light of the decision of the trial Court. The order passed by the learned Sessions Judge is reasonable and I do not find any jurisdictional error. The revision is dismissed.;