B.L.Yadav, J - (1.) The applicant has filed the present criminal revision under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (for short the Code), against the judgement and order dated 23-7-1983 passed by the 2nd Additional Sessions Judge, Varanasi, dismissing the appeal preferred by the applicant under Section 6-C of the Essential Commodities Act, (for short the Act), (as amended by Section 3 of the Essential Commodities (Amendment) Act, 1966), arising out of order dated 22-5-81 passed by the Additional District Magistrate (Administration), Varanasi.
(2.) It appears that a licence was obtained by the petitioner for stem coal under Clause 4 of the U.P. Coal Control Order, 1977. A notice was given to the petitioner under Section 6-A of the Act on the report of the Additional District magistrate (Civil Supplies) to the effect that on the spot neither the stock board nor any other document was made available, and the applicant did not return after assurance that he would furnish the requisite papers. Consequently, this inference was possible that he did not prepare any relevant document, and hence the proceedings for confiscation as contemplated under Section 6-A of the Act be initiated and the coal of the petitioner may be confiscated. A reply to the show case notice was furnished by the petitioner as required under Section 6-B of the Act, but the same was not found satisfactory. Consequently, the Additional District Magistrate (Administration), Varanasi, by order dated 22-5-81 directed the confiscation of 132mt. of coal and auction of the same. The said quantity of coal appears to have been put to auction sale. Against that order the applicant preferred an appeal under Section 6-C of the Act, which failed, hence the present Revision under Sections 397, 401 of the Code was filed.
(3.) Sri. C.L. Pandey, learned Counsel for the applicant urged that in view of Clause 4 of U.P. Coal Control Order, 1977, licence is granted to a person desirous of either importing coal or carrying on business as a coal agent. The petitioner was dealer in steam coal. Second proviso (B) of Clause 3 of the said control Order of 1977 provides that clauses 4 to 10 would not apply to steam coal and hard coke for industrial consumption. It was further urged that depriving from a privilege of licence or imposing a fine as forfeiture or awarding some other punishment under the Coal Control Order, 1977, make it substantially penal in nature. A penal statute must be strictly interpreted in favour of the subject, according to the cardinal rule of interpretation of statutes. Clause 4 deals with the licence and provides that no person shall import coal and carry on business as a coal agent or coal depot holder, or fun a brick kiln with coal except and in accordance with the terms and conditions of licence. Clause 5 deals with the issuance of a licence. Clause 6 provides the period of licence and the fee chargeable. Clause 7 deals with the security, whereas Clause 8 deals with directions regarding import, purchase, sale storage and distribution. Clause 10 deals with the display of stock position. The last two clauses 9 & 10 and Clauses 4 & 5 appear to be relevant for the present case, whereas Clauses 14 and 16 deal with the power to call for information and effect of suspension or revocation of licence. But under Clause 3(B) of the Control Order, 1977, these clauses would not apply to steam coal or to hard coke for industrial consumption. It was next urged that in view of the provisions of Clauses 3 & 4 of the Essential Commodities (Display of Prices and Stocks and Control of Supply and Distribution) order, 1977, (for short the Distribution Order), only for a scheduled commodity the price list etc. was required to be maintained Only soft coke has been mentioned at serial No. 12 and hence the Distribution Order, 1977, applies to soft coke. The steam coal is conspicuous by its absence. This Distribution Order, 1977, consequently, would not apply to the case of petitioner. In other words, the petitioner was neither required to obtain licence nor to maintain price list etc.;