AIR 2003 RAJASTHAN 245 ::(2002) 5 WLC(RAJ) 118 ::2003 (2) RajLR 514 ::2003 (3) RajLW 2066

Rajasthan High Court

Hon'ble Judge(s): Sunil Kumar Garg , J

Essential Commodities Act (10 of 1955) , S.10(1)— Misappropriation of levy Sugar - Offence committed by Godown Keeper of distributor society - Society cannot be held liable by virtue of S. 10(1) - Such misappropriation does not amount to 'chhijat' i.e. shortage of sugar - Consequently recovery of price of sugar from society by invoking circular issued by Food and Civil Supplies Department and treating it as case of 'chhijat' - Improper - High Court can interfere with such illegal order under Art. 227. Constitution of India , Art.227— (Para 10 13 14 15 19)