GOVIND GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant against whom F.I.R. has been lodged has come forward with a prayer that the F.I.R. datecll.7.83 and the show cause notice dated 7.7.1953 may both be quashed. The grounds of attack are that both petitioner no. 1 and the seller of the wheat and rice are whole-sale dealers and the purchase of the commodities and bringing the same to the destination at Konch dols not constitute an offence, the Marketing Inspector has not correctly read the licence number, the Marketing Inspector erred in not considering the entire evidence produced by the petitioner and that, levy on the rice purchase was already paid by petitioner no. 1 hence no offence is made out.

(2.) The F.I.R. recites that Sri R.K. Shukia, Marketing Inspector accompained by other officials and two constables was carrying surprise checking at Kanpur road Etawah at the octroi and noticed one truck facing. Kanpur direction and interrogated the driver and the conductor of the truck concerning the goods therein. There were 98 bag of wheat and 63. Kattas of Arwa rice. The release order concerning the rice was demanded. He referred to the other persons as owners sitting in the truck. Papers were demanded from them. In the date pass shown the licence number of the seller and purchaser were not mentioned so it was not possible to ascertain the real identities with reference to licence number and the release certificate was also demanded and that was also not produced. Section 3(2)(ii) of the U.P. Rice and Paddy (Levy & Regulation of Trade) Order, 1981 lays down that every licensed dealer shall deliver to the State Government at the notified price in case of various districts and divisions, certain percentage of every variety of rice produced by him or coming into his custody or possession for sale or disposal. Section 3(4) of the Act further provides that if a part of any lot of rice in respect of which release certificate has been obtained is moved by road, the driver or person incharge of the vehicle carrying the Same shall carry a certificate from the Marketing Inspector showing that commodities moved is part of released lot and the certificate shall also contain the name licence number and addresses of the dealer etc.

(3.) The recital of the F.I.R. shows that any release order or demand was not produced and it would further show that even gate pass that was shown did not bear the licence number as required.