JUDGMENT : S.C. Mohapatra, J. - In this revision accused has assailed his conviction and sentence u/s 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act"). which has been confirmed in appeal. 2. Accused was found to be in possession of 32 quintals 25 kilograms Niger Seed In 43 bags which were seized from him on 8-5-1981 and he was prosecuted for having violated the provisions of the Orissa Pulses, Edible Oil Seeds and Edible Oil (Dealers licensing) Order, 1977 (hereinafter referred to as the Orissa Order, made by the State Government u/s 3 of the Act. 3. Mr. Debasis Das, learned Counsel for the Petitioner submitted that- (i) Niger Oil Seed has not been proved by the prosecution to be edible oil seed; (ii) assuming that it is edible oil seed, Petitioner being a commission agent of several persons can stock such, oil seed for 15 days and in absence of evidence that he was stored them for more than 15 days is not required to have a licence and as such is not liable for the alleged offence. 4. Petitioner bas been prosecuted for possessing niger seed u/s 7 of the Act having contravened the provisions of the Orissa Order since he had no offence for the same. Thus, prosecution case being that niger oil seed is edible oil seed in absence of contest from the accused further proof was not necessary. In State of Tamil Nadu Vs. R. Krishnamurthy. it was held that articles commonly used as food can be presumed to be food and w here there is doubt or is disputed by the accused that the article possessed is not food prosecution is to prove the same. Niger Oil is commonly used as edible oil. There is no doubt about the same. Moreover, accused at no stage disputed that niger oil is not edible oil. Accordingly, in this case it was not necessary for the prosecution to prove that Niger Oil seed is edible oilseed. Contention of Mr. Das has no force. 5. Mr. Niger Oil is commonly used as edible oil. There is no doubt about the same. Moreover, accused at no stage disputed that niger oil is not edible oil. Accordingly, in this case it was not necessary for the prosecution to prove that Niger Oil seed is edible oilseed. Contention of Mr. Das has no force. 5. Mr. Das made an endeavour to submit that Niger seed was not edible oil seed to become essential commodity prior to 1984, He brought to my notice a Notification where by another control order made by the State Government called the Orissa Declaration of Stocks and Prices of Essential Commodities Order 1973, Niger seed was included in the schedule to the order only in the year 1984. This control order defines essential commodity to mean the commodities specified in the schedule. Accordingly, State Government by this control order has power requiring Some of the essential commodities as mentioned in the schedule to be governed under this order. All essential commodities were not required to come under the operation of the declaration of stocks and prices of order automatically. Since this order is under the Essential Commodities Act, there is no scope for including commodities which do not come within the definition of essential commodities under the Act. Edible on Seed is defined to be essential Commodity u/s 2(v) of the Act. Thus, 1984. Notification makes it clear that Niger Oil Seed is edible Oil Seed and no further proof is necessary for that purpose. 6. Both the Courts have found that the accused had no licence for possessing, niger seed beyond the permissible limit of 30 quintals. Mr. Debasis Das, learned Counsel for the Petitioner submitted that the accused having possessed the niger seeds on behalf of several owners as commission agent is not a dealer to have a license under the Orissa Order. Both Counsels have disbelieved such a plea of the accused. Assuming that accused is a Commission Agent on behalf of others, it is to be examined if he is a dealer. 7. Dealer has been defined to include agents in the Orissa Order. A commission agent is an agent. Accordingly, on plain reading of the definition in the Orissa Order there can be no escape from the conclusion that accused is a dealer under the Orissa Order. 8. Mr. 7. Dealer has been defined to include agents in the Orissa Order. A commission agent is an agent. Accordingly, on plain reading of the definition in the Orissa Order there can be no escape from the conclusion that accused is a dealer under the Orissa Order. 8. Mr. Das relied upon the Pulses, Edible Oil Seeds and Edible Oil (Storage Control) Order, 1977 (hereinafter referred to as 'the control order') made by the Central Government u/s 3 of the Act and submitted that commission agent can stock edible oil seed for 15 days. Whatever the exemption available under the Central Order, under Orissa Order every dealer is required to have license. Whether Petitioner stored niger oil seed belonging to him or as commission agent, he is a dealer in that essential commodity. Accordingly, he was required to have a license and having possessed edible oil seed more than the permissible limit, he is liable to be convicted. 9. Coming to the question of sentence, I find that the offence bad been committed in the year 1981, about eight years before. Hardly 2.25 quintals were found to be in excess of permissible limit. Accused was aged 53 years at the time of commission of the offence, and is now above the age of 60. Rules of this Court requires the accused to surrender before the revision is heard, Normally accused is required to surrender in the trial Court to serve the sentence. In this case, however, a departure was made permitting the accused to surrender not in the trial Court but at Cuttack before the Chief Judicial Magistrate on account of his ailing health. On surrendering to Court, accused begins to serve the sentence. Thus, technically accused bas undergone part of the sentence imposed. In the peculiar circumstance, I am satisfied that the accused need not be asked to serve the remaining part of the sentence. However, he is to pay enhanced fine of Rs. 2,500/-, in default, he is to undergo rigorous imprisonment for three months. 10. In the result, Criminal Revision is dismissed subject to modification of the sentence as indicated above. Revision dismissed. Final Result : Dismissed