VIJAY KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD .

(2.) SINCE the controversy involved in all these three writ petitions is similar, therefore, for the sake of convenience, they are being decided by this common judgment.

(3.) BRIEF facts giving rise to the present writ petitions, according to the petitioners, are that the petitioners are licence holders of fair price shops of different village within block Sitarganj, district Udham Singh Nagar and on 23-6-2011, they lifted 25 quintals, 20 quintals and 55 quintals of rice from the godown of Senior Marketing Inspector of the respondents and loaded the same in one truck bearing registration No. UA-06CA-1268 for carrying the rice to their respective fair price shops on the same day. An FIR was lodged against the petitioners and the driver of the said truck under Section 3/7 of the ESSENTIAL COMMODITIES ACT, 1955 by the Food Supply Inspector Sitarganj with the allegations that on Bijti road, the said truck No. UA- 06-1268 was standing in front of the gate of M/s Ravi Rice Mill, Bijti Road, Sitarganj. Enquiry was allegedly made by Tehsildar and Supply Inspector concerned from the driver of the truck, who informed that the rice load in the truck belongs to the petitioners, which was lifted from the Sitarganj Godown of Senior Marketing Inspector.