P.D. Kudal, J. - (1.) This revision petition is directed against the judgment of the learned Addl. Sessions Jugde, Sikar dated 8th October, 1976. The learned Chief Judicial Magistrate, Sikar, on 24th December, 1974, convicted the accused-petitioner under Section 3/7 of the Essential Commodities Act, and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 500/- and in default of payment of fine to undergo further rigorous imprisonment for three months.
(2.) Briefly stated the facts which are relevant for the disposal of this revision petition are that on 19th July, 1973, the District Supply Officer, Sikar took search of his house and found 10 quintals of wheat. The contention of the prosecution is that according to the Rajasthan wheat (Regulation of Trade) Order, 1973, the accused petitioner could keep upto the maximum limit of 5 quintals of wheat only, but as he was found to be in possession of 10 quintals of wheat, he is guilty of the violation of the said order and as such he was prosecuted under Section 3/7 of the Essential Commodities Act, 1955.
(3.) The learned counsel for the accused-petitioner has contended that consumer, dealer and purchaser have been defined in the said order as under:- (d "Consumer" means a person who purchases wheat for the purpose of consumption by himself and his family or for the purpose of his business of selling or supplying cooked food-stuffs. (c) "Dealer" means a person, a firm, an association or a co-operative society engaged in the business of purchase, sale or storage for the sale of Wheat in quantity exceeding one quintal on any one day and includes a commission agent. (j) "Producer" means a person who holds or is in possession of agricultural land under any tenure or in any capacity and on which he raises or has raised a wheat crop or a mixed crop of wheat mixed with other foodgrains.;