Case Note & Summary
The appellant, Nilesh Bhaskar Rathod, was convicted by the learned Special Judge (E.C. Act), Thane in Special Criminal Case (E.C. Act) No. 15/1996 for breach of conditions 2(a) and 2(b) of a license issued under the Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1973. He was sentenced to simple imprisonment for three months and a fine of Rs. 2000/- with default stipulation. The appellant appealed against this conviction and sentence. The prosecution case was that the appellant was a dealer under the said Order and held license no. BSN 27 at Exhibit-7. However, it was indisputably established that the Order of 1973 was repealed by the Food and Civil Supply Department vide notification dated 14th September, 1977, by the Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) (Repealed) Licensing Order. The court considered the legal effect of this repeal. The appellant's counsel argued that since the Order was repealed, the license issued thereunder had no legal existence and the prosecution was void ab initio. The State opposed the appeal. The court analyzed the notification and found that the Order was indeed repealed in 1977. Consequently, the license issued under the repealed Order had no legal validity, and the prosecution for breach of its conditions was unsustainable. The court held that the conviction and sentence were liable to be set aside. The appeal was allowed, the conviction and sentence were quashed, and the appellant was acquitted. The fine, if paid, was directed to be refunded.
Headnote
A) Criminal Law - Essential Commodities Act - Licensing Order - Repeal - Conviction under repealed order - The appellant was convicted for breach of conditions of a license issued under the Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1973. The Order was repealed by notification dated 14th September, 1977. The court held that since the Order was repealed, the license issued thereunder had no legal existence and the prosecution was void ab initio. The conviction and sentence were set aside. (Paras 1-8)
Issue of Consideration
Whether the conviction of the appellant for breach of conditions of a license issued under the Maharashtra Scheduled Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1973 can be sustained when the said Order was repealed in 1977, prior to the alleged offence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Fine, if paid, to be refunded.
Law Points
- Repeal of enabling order renders license and prosecution void ab initio
- Conviction under repealed order unsustainable
- License issued under repealed order has no legal validity
