Short Note : 1. The prosecution case was that Shri D.N. Bhargava, Food Inspector inspected the Godown of the non-petitioner Kanchansingh on 20.8.1973 and seized 73 Quintals of Arhar. At the time of seizure, Kanchansingh had no licence under the M.P. Food Grains Dealers Licensing Order, 1965. A report was lodged in Police Station Behind where a case under section 3 read with section 7 of the Essential Commodities Act was registered. The police submitted a report to the Collector that the seized food grains being perishable commodity and likely to decay be auctioned and sold. The learned Collector gave a notice to the non-petitioner on 23.8.1973 under section 6(B) of the Essential Commodities Act to show cause why the seized food grains be not confiscated. The appellant filed a reply on 6.9.1973 saying that he was a Kachha Adhatiya and the cultivators bring their produce at his shop and it is sold through him and if the food grains are not sold, then they are kept in his custody. It also stated that the non-petitioner only charges some commission to guard these food grains. In the end, he submitted that he is not a dealer as defined under the Act and food grains seized belonged to cultivators. The Collector Behind confiscated the seized Arhar and ordered auction sale of the same. The Sessions Court accepted the appeal. The State came before the High Court in revision. 2. Kanchansingh has clearly alleged that he is a Kachha Adhatiya and as the licensee of Mandi which also proves that he is only a Kachha Adhatiya, so the learned Sessions Judge was correct in holding that he is a Kachha Adhatiya. Kachha Adhatiya's are excluded from the mischief of the said Order as detailed in clause 2 (a) of the said order. As the case of Kanchansingh being a Kachha Adhatiya, he is excluded from the operation of the said order, his keeping of the food grains will not be against the provisions of the said Order and therefore section 6-A and 6-B of the Act will not be applicable. For application of section 6-A and 6-B of the Act, there should be contravention of some order. Revision dismissed.