MAHESHWARI TRADERS Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed for release of fertilizer seized from the godown of the Petitioner on 24th/25th July, 1991. It appears that inspection of the godown of the Petitioner was done on 25th/26th July, 1991. During inspection, it was found that there was discrepancy between actual stock of fertilizer and the stock register. Thereafter, a first information report was lodged against the Petitioner under Section 3/7 of Essential Commodities Act at Police Station Kamalganj district Farrukhabad on 17 -8 -1991 and a case was registered at Crime No. 225 of 1991.

(2.) LEARNED Counsel for the Petitioner has contended that actually there was no discrepancy between the stock register and • the actual stock of fertilizer kept in the godown. A perusal of the first information report shows that initially on 25th July, 1991, the Petitioner disclosed that he had 1150 bags of fertilizer in his stock. Subsequently some more fertilizer was found in the godown which is in the premises of the cold storage. The Petitioner produced another stock register, which according to authorities, appeared to have been prepared subsequently. The learned Counsel for the Petitioner has contended that entire stock of fertilizer in the godown of the Petitioner has been shown in. the stock registers. It is a disputed question of fact which cannot be decided in the present writ petition.

(3.) THE submissions made by learned Counsel is wholly misconceived. The notification issued by the State government on July 28, 1988 was revoked by another notification No. 908/XII -2 -90 F. 1 -85 dated April 30, 1990 in which Block Development Officers were also included. This notification dated 30th April, 1990 was again revoked by another Notification No. 160/XII -2 -91 dated January 9, 1991 which is being reproduced below: