SHYAM SINGH KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Writ petitioner Shyam Singh Kushwaha has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for issuance of a writ of certiorari for quashing the impugned order dated 24.7.2010 passed by Ist ACJM Etawah and earlier two orders dated 5.2.2011 and 8.3.2011 passed by learned Special Judge E.C. Act Etawah, Annexure nos.1, 2 and 3, respectively to this writ petition.

(2.) From the pleadings made in the petition the recapitulated background facts indicate that the petitioner is the owner of DCM Truck MP 09-GE 5233, which was financed by Kotak Mahindra Bank with Rs.38,167/-, as it's E.M.I. which, the petitioner was regularly paying. Ramu was the driver of the aforesaid vehicle. Annexure No.4 to the petition are the papers regarding the registration of the aforesaid vehicle and various documents in respect of loan advanced to the petitioner. Genuineness of these document are not in dispute. On 2.7.2010, aforesaid vehicle was checked by Incharge Inspector, Kotwali, Jaswant Nagar at 9.30 p.m. on the Highway towards Kachora and 132 bags of rice laden on it were seized by SDM Jaswant Nagar. Driver of the vehicle made his escape good but the three passengers travelling in it disclosed his identity as Ramu son of Raghuveer, resident of Mohammadpur. Rice bags had inscriptions of Food Corporation of India and it whereof 15 k.g. each, which were meant for public distribution system and consequently, according to the prosecution, the driver had breached PDS Control Order, 2001, which was punishable under Section 3/7 ET Act. DCM was brought to P.S. Jaswant Nagar and was detained there and the laden rice, which weighed 66 Quintals, were given in the supurdagi (custody) of Shiv Kumar, husband of Munni Devi, shopkeeper of Sishant fair price shop. At the direction of the District Magistrate, recovery and seizure culminated in registration of FIR of Crime No.276 of 2010 under Section 3/7 EC Act at P.S. Jaswant Nagar, district Etawah against the driver Ramu vide Annexure No.5 to the writ petition.

(3.) Ramu, after being arrested, applied for his bail and the same was allowed by this Court in Criminal Miscellaneous Bail Application No.21231 of 2010, Ramu Vs. Sate of U.P. on 11.8.2010, vide Annexure no.6 to the petition.