G.K.Mitter, J. - (1.) This is an appeal from an order of the Allahabad High Court in Criminal Revision Case No. 1566 of 1956 rejecting the Revision Petition against an order of the Civil and Sessions Judge Agra upholding the conviction of the appellant by the Sub-Divisional Magistrate Agra dated January 18, 1965.
(2.) The Magistrate held the appellant guilty of violation of Clause 3 of the Uttar Pradesh Foodgrains Dealers Licencing Order, 1964 made to exercise the powers under Section 3 of the Essential Commodities Act, 1955 read with Section 7 of that Act. He was charged with having been in possession of 15 bags of flour (maida) weighing about 131/2 quintals without any licence or permit. The appellant never contested this fact but he pleaded not guilty to the charge raised against him. Clause 3(1) of the Licensing Order which provided for licensing of dealers reads: "No person shall carry on business as a dealer except under and in accordance with the terms and conditions of a licence issued in this behalf by the licensing authority." Sub-clause (2) of Clause 3 provides: "For the purpose of this clause; any person who stores any foodgrains in quantity of ten quintals or more of any one of the foodgrains or twenty five quintals, of all foodgrains taken together at any one time shall, unless the contrary is proved, be deemed to store the foodgrains for the purpose of sale. 'Dealer' is defined in clause 2 (a) to mean a person engaged in the business of purchase, sale or storage for sale of any one of the foodgrains in quantity of ten quintals or more at any one time or in quantity of twenty-five quintals or more of all foodgrains taken together, but does not include a person who- (i) stores any foodgrains produced by him by personal cultivation, and (ii) does not engage in the business of purchase or sale of foodgrains."
(3.) Under sub-clause (b) 'foodgrains' is defined as any one or more of the foodgrains specified in Schedule I to the Order including products of such foodgrains other than husk and bran. The Schedule contains a list of twelve kinds of foodgrains including wheat and as Maida is a product of wheat it would certainly be covered by the definition of foodgrains.;