Supply and Distribution) Order, 1988 read with Section 3 and Section 7 of the Essential Commodities Act and sentence to SI for three months ... committing an offence punishable under Section 3 read with Section 7 of the Essential Commodities Act to which the appellant pleaded not guilty. The defence
ensured equitable distribution of the essential commodity. It was held that Section 3 of the Essential Commodities Act clothes the Central Government with powers ... essential commodity will include the power to regulate the quality or quantity of the essential commodity. The Central Government can direct how certain essential commodities
exercise of their powers under Section 3 of the Essential Commodities Act, 1955 ('the Act' for brevity). The Government of Andhra Pradesh ... sections (1) and (2) of Section 3 of the Act production, transport, storage, distribution, supply, sale, trade and commerce in relation to essential commodities
Essential Commodities Act, 1955. The said section reads as under : "WHEREessential commodity is seized in pursuance of an order made under Section ... supply, distribution, etc., of essential commodities can be made by the Central Government under section 3 of the Essential Commodities Act only
duty is issued under Sub-section (1) of Section 25 of Act...If on account of exemption granted under Section 25(1) the goods imported ... notification under Section 25 ( 1) is issued. The link between the Customs Act and the Customs Tariff Act established by Section 12 is severed
Section 3 of the Act is the definition section in whichmany of the words and terms used in the Act have bean Cefined. Section ... Trade Marks Act thatwe may notice are Section 2(q) , Section 25 , Section 28 and Section 46 . Section 2(q) defines the registered proprietorin relation
cognizance of offence under the
Act. The provisions of Section 11 of Essential Commodities Act are akin to the Section
13(3) of the Officials ... would be a public servant within the meaning of Section 11 of
Essential Commodities Act. Since the offences under Essential Commodities Act were
cognizable offences
distribution of essential commodities.
Section 2A defines "essential commodity" to mean a commodity
specified in the schedule of the Act. The schedule ... which
has been licensed to distribute essential commodities by an Order under
Section 3 of the Essential Commodities Act, 1955 to the ration card holders
person is dealing in
any commodity, which is an essential commodity as
defined in Essential Commodities Act, 1955 and the
activity of such person ... submitted that bio-diesel is not an
essential commodity and, therefore, the provision
of Essential Commodities Act would not be
applicable.
5. Learned Senior Counsel
unconstitutional and not warranted by the provisions of Section 7-A of the Essential Commodities Act, 1955.
2.1 The recovery under me impugned notice ... deposit the excess amount were unjustly enriching themselves.
7. Section 3 of the Essential Commodities Act, 1955 empowers the Central Government to issue orders
