( 1 ) THE petitioner has been convicted by the Metropolitan Magistrate, (IV Court), Bangalore, under S. 7 (l) (a) (ii) of the Essential Commodities act, 1955, and sentenced to pay a fine of Rs. 750 and in default to simple imprisonment for sixty days. His appeal has been dismissed by the Third addl Sessions Judge, Bangalore, with the sentence of fine reduced to rs. 500. The validity of the conviction and sentence is called into question in this revision petition. ( 2 ) THE facts, briefly stated, are these: On 17-5-1973, the house of the petitioner was searched and a little over six bags of sugar were seized. The petitioner had no licence under the Karnataka Sugar Dealers' Licensing order (shortly called 'the Licensing Order' ). ( 3 ) THE petitioner did not adduce any evidence to show that he acquired the said quantity of sugar or any other purpose other than the business of purchase or sale. All that was urged for him before the courts below and also before me is that mere possession of sugar by itself was not sufficient to raise the presumption that he has been carrying on the business of purchase or sale of sugar; but, the prosecution should lead independent evidence in proof of the same. Both the Courts have rejected that contention and their conclusion is based on Clause 3 (3) of the licensing Order. ( 4 ) CLAUSE 3 of the Licensing Order provides :"licensing of Dealers- (1) No person shall carry on business On or after 20th January 1963 as a dealer except under and in accordance with the terms and conditions of a Licence issued in this behalf by the licensing authority. (2 ). . . . . . . . . . (3) For the purpose of this clause, any person who stores sugar in any quantity exceeding five quintals at any one time shall, unless the contrary is proved, be deemed to store the sugar for the purpose of carrying on the business of purchase, or sale, or storage for sale, of sugar. "it is seen from the above provisions that no person shall carry on business as a Dealer except, under and in accordance with the terms and conditions of a licence issued by the licensing authority. A 'dealer' is defined under Cl. "it is seen from the above provisions that no person shall carry on business as a Dealer except, under and in accordance with the terms and conditions of a licence issued by the licensing authority. A 'dealer' is defined under Cl. 2 (a) of the Licensing Order to mean a person engaged in the business of purchase, sale or storage for sale of sugar in quantities exceeding 5 quintals at any one time, but does not include an industrial undertaking which is engaged in the manufacture or production of sugar and which is registered or licensed under the Industries (Development and Regulation) Act, 1951. ( 5 ) CLAUSE 3 (3) of the Licensing Order raises a presumption against a person who stores sugar in any quantity exceeding five quintals. The presumption raised is that the storage shall be deemed to be for the purpose of carrying on the business of purchase, or sale, or storage for sale, of sugar. ( 6 ) IN the instant case, it is not in dispute that more than five quintals of sugar was found stored by the petitioner. The presumption, therefore, arises under C1. 3 (3) of the Licensing Order that it was meant for the purpose of carrying on the business of purchase, or sale, or storage for sale. It is then for the petitioner to prove the contrary that it was not meant for such purposes. As I said earlier, the petitioner did not produce any evidence to prove the contrary. The prosecution, therefore, was justified in placing reliance on the presumption without any other independent evidence. ( 7 ) LEARNED Counsel for the petitioner, however, relied upon the decision of the Supreme Court in Manipur Administration v. M. Nila chandra Singh ( AIR 1964 SC 1533 ), in support of the contention that notwithstanding the presumption raised under Cl. 3 (3) of the Licensing Order, the prosecution must prove by independent evidence that the petitioner was a 'dealer' doing business in sugar. ( 8 ) IN that case, C1. 3 (2) of the Manipur Foodgrains Dealers Licensing order, 1958, came up for consideration and C1. 3 (1) of the Manipur foodgrains Dealers Licensing Order, 1958, of course, is similar to Cl. 3 (1 ). of the Licensing Order, But, C1. 3 (2) of the Manipur Foodgrains Dealers licensing Order, 1958, is not similarly worded as Cl. 3 (2) of the Manipur Foodgrains Dealers Licensing order, 1958, came up for consideration and C1. 3 (1) of the Manipur foodgrains Dealers Licensing Order, 1958, of course, is similar to Cl. 3 (1 ). of the Licensing Order, But, C1. 3 (2) of the Manipur Foodgrains Dealers licensing Order, 1958, is not similarly worded as Cl. 3 (3) of the Licensing order. The presumption which was required to be raised under C1. 3 (2) of the Manipur Foodgrains Dealers Licensing Order, 1958, was to the effect that the storage of foodgrains was only for the purpose of sale. That is why the Supreme Court observed that C1. 3 (2) of the Manipur Foodgrains dealers Licensing Order, 1958, was limited in its scope and there was no justification for extending the presumption that the storage was also for the purpose of carrying on the business. The Supreme Court, therefore, observed that there should be some independent evidence to show that the storage was also by a Dealer who was engaged in the business of foodgrains. I do not think that any such independent evidence is required in the instant case in view of the clear provision of C1. 3 (3) of the Licensing order which states that the possession of the quantity of sugar exceeding five quintals shall be deemed to be for the purpose of carrying on the business in sugar. The scope of C1. 3 (3) is wider in its amplitude. The said decision of the Supreme Court is therefore clearly distinguishable. ( 9 ) FOR the same reason, the decision of this Court in Shrivallobh v. State of Mysore ( (1966) 2 Myslj 79), is also not applicable. C1. 3 (2) of the Fertiliser Control order considered in the said case is not similar to C1. 3 (3) of the licensing Order, in the result, this petition fails and is dismissed. --- *** --- .