CHHOTABHAI JETHABHAI PATEL AND CO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS application under Articles 226 and 227 of the Constitution is by M/s. Chhotabhai Jetbabhai Patel and Co. , Sagar, a firm encased in the business of manufacture and sale of Bidis and one of its partners Jhaverbhai for the issue of a writ of certiorari for quashing an order of the respondents Nos. 2 and 3 passed on 16th August 1965 seizing 9007 bags of tendu leaves weighing 2341. 25 quintals imported by the petitioners by rail from Garwah Road (Bihar) to Sagar and 256 bags of tendu leaves weighing 130. 56 quintals imported from Bindoumganj railway-station, Eastern Railway (Bihar), to Sagar. A complaint has also been filed against the petitioners in the Court of the Magistrate. First Class, Sagar, for find-Ing them guilty for importing the aforesaid tendu leaves contrary to the provisions of Section 5 of the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (hereinafter referred to as the Act) The petitioners pray that the proceedings initiated on this complaint be also quashed by issue of a writ of rertiorari

(2.) BEFORE stating the material facts and dealing with the contentions advanced on behalf of the parties it is necessary to refer to the relevant provisions of the Act. The Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964, is a legislation enacted "for regulating in the public interest the trade of Tendu leaves by creation of State monopoly in such trade". Section 1 (3) of the Act lays down that it shall come into force in such area or areas and on such date or dates as the state Government may, by notification, specify. The Act came into force in the whole of Madhya Pradesh with effect from 28th November 1964. Section 2 (d)defines "grower of tendu leaves" "specified area" has been defined by Section 2 (h)as meaning "the area specified in notification under Sub-section (3) of Section 1". Section 3 enables the State Government to divide the area in which the Act has been brought into force into such number of units as it may deem fit. The next section, namely Section 4, inter alia lays down that the State Government may, for the purpose of purchase ot, and trade in, tendu leaves on its behalf, appoint agents in respect of different units. Section 5, which is very material here runs as follows:

(3.) RULE 9 of the Rules framed under the Act and intituled 'the Madhya Pradesh tendu Patta (Vyapar Viniyaman) Niyamavali, 1965' prescribes the procedure for issue of transport permits. It reads as under: