OUDH SUGAR MILLS LTD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India, seeking to have the order of the second respondent, Collector, Jabalpur, dated 6-9-1973 (Petitioner's An-nexure O) quashed as also the prosecution launched against the petitioner quashed on the grounds that the seizure of Van-sada (vegetable oil) tins by the Collector was illegal inasmuch as the petitioner being a producer, did not at all require a licence under the Madhya Pradesh Hydrogenated Vegetable Oil Dealers' Licensing Order, 1966.

(2.) THE petitioner in the amended petition has prayed for the following reliefs :

(3.) THE petitioner is a public limited company having its registered office at Bombay and it carries on the business of production and manufacture of vegetable oil product, commonly known as Vanaspati, refined vegetable oil, soaps, glycerine, solvent extracted oils and de-oil cakes. It owns the Berar Oil Industries at Akola, which does this business of manufacturing. This business has been carried on by the petitioner even before the commencement of the Industries (Development and Regulation) Act, 1951. On coming into force of the said Act, the petitioner has been duly registered as an Industrial Undertaking, as per letter, dated 1-6-1957 (Petitioner's Annexure A ). In exercise of the powers conferred by Sub-section (1) of Section 3 of the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946) and in supersession of the Vegetable Oil Products Control Order, 1946, the Central Government made an order, known as the Vegetable Oil Products Control Order, 1947, which came into force on 9-8-1947. Clause 2 (b) of the said order defined a 'dealer' to mean a person carrying on business in the purchase, sale or distribution of any vegetable oil 'products. Clause 2 (c) defined a 'producer' to mean a person carrying on the business of manufacturing any vegetable oil product. Clause 3 of the said Control Order was as follows :