- (1.) THE petitioner is a wholesale dealer of Essential Commodities, including 'Tea'.
(2.) THE petitioner's premises were inspected on 31-7-86 and the charge was that the petitioner had violated various Control Orders and a case under section 3/7 of the Essential Commodities Act was registered against the petitioner at Police Station Saidabad, Distt. Mathura. Stocks of various commodities were also seized including the tea weighing 13 quintals 74 Kgs. 600 Grams. In this petition only the seizure of the tea from the petitioner is challenged. 'Tea' is a commodity, mentioned in the schedule to the U. P. Essential Commodities (Display of Price and Stocks and Control of Supply and Distribution) Order, 1977, hereinafter referred to as the Order. Charge against the petitioner in regard to tea is mentioned in the first information report as follows :- " Stock ke abhilekhon ke anusar 13 (tera) quintal 24 (chaubees) kilo 600 Gram hai. Chhe sau gram vibhinn matra ke paikon men honi chahye jabki maulik Satyapan karne per 13 quintal 74 chauhattar kilo che sau gram Chai vibhinn matra ke paikon men payee gayee,, Is prakar kul 50 kilo chai abhilekhon men ankit stock se Adhik payee gayee. " The question for examination in this writ petition is only as to whether there is any allegation of any violation of the provisions of the aforesaid order in the first information report, by the petitioner, who is a whole saler. Clause 3 of the Order runs as follows :- " 3. Exhibition of price list and stocks by wholesalers.-(I) Every wholesaler shall before the commencement of his business on any day exhibit at the entrance or some other prominent place of his business the wholesale price list of different classes or varieties of scheduled commodities actually held in stock by him for sale as fixed or approved by the Central or State Government if any, or as fixed by the manufacturer, producer or distributor, and where no such price is fixed or approved by the Government or fixed by the manufacturer, producer or distributor, the price (inclusive of all taxes), at which the scheduled commodities are offered for sale by the wholesaler. (2) The price list shall- (a) indicate separately the wholesale price of different classes or varieties of scheduled Commodities ; (b) bear the signature of the wholesaler ; and (c) be legibly written in bold letters in Hindi language in Devanagri script. (3) Separate price lists shall be prepared for- (i) scheduled commodities, the price of which are fixed or approved by the Central or State Government ; (ii) Scheduled commodities, the prices of which are fixed by the manufacturer, producer or distributor ; (iii) Scheduled commodities not covered by sub-clauses (i) and (ii) above. (4) Every wholesaler shall intimate to the District Magistrate or the District Supply Officer, the place Where any class or variety of scheduled commodity is stored by him and shall display at the entrance thereof the name of the owner and the commodity or commodities stored therein. (5) Every wholesaler shall in the like manner exhibit a separate list showing correctly different classes or varieties; of scheduled commodities actually held in stock by him at any time. Provided that in the Case of scheduled Commodities specified by the State Government it shall be deemed sufficient for the purposes of display of stock of such commodities if the fact of availability or non-availability in stock of such commodities is indicated in the list by writing ' yes ' or ' no ' against them. "
(3.) IT will be immediately seen that under the Proviso to clause 3 (5) it is sufficient compliance of the Order if the availability or non-availability of stock of a scheduled commodity is indicated in the list by writing ' Yes ' or ' No ' against it. The fact that an excess stock of tea is found factually in the premises of the petitioner, which is in excess according to the books is not a violation of any provision of the aforesaid Order. In the circumstances, we direct that the tea seized from the petitioner by the District Supply Officer, Mathura, shall be forthwith released to the petitioner.;