Secs. 3 & 6A - Kerala Food Grains Dealers Licensing Order, 1967. Clause.3 Storage of essential commodity in a place other than what is mentioned in the license cannot by itself result in contravention of the provisions of the Licensing Order justifying confiscation in terms of Sec. 6A of the Act. Conferment of powers under licensing order is only for administrative convenience. It would not render a person licensed under the Act so as to warrant drastic action under Sec.6A. [ D.B.Moideen vs State of Kerala. AIR 1999 Ker 282. AR.Lakshmanan (Ag.CJ) & S.Sankarasubban(J)] [ reversed the decision reported in AIR 1999 Ker 243]
Kerosene Control Order - No requirement that while effecting sales in favour of authorised ration dealers, he should make entries in the stock register till 3-3-1987- Charge that no register is maintained will not survive-Wording in instruction is not that it should be operative "on and from the month of November, 1985" but "for the month of operative from the month of November, 1986" He was bound to comply with the directions only for the month of November, 1985 and that for subsequent months. Register produced before the D.S.O at the time of enquiry - Could not produce it before the Government for the reason that DSO has not returned it - Petitioner disabled from producing it once again -No failure to comply with any of the directives [T.C.Peter vs State of Kerala. OP.No. 4868 of 1991. Dated 22nd January,2001. M.R.Hariharan Nair (J)