PURSHOTTAM DAS JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri Raghuraj Kishore, learned Counsel appearing for the applicant and learned A. G. A. for the State. Counter affidavit has been filed by the State but no rejoinder affidavit is on record.

(2.) THIS application has been filed for quashing the charge sheet submitted against the applicant in case No. 8 of 1994 pending in the Court of Special Judge (E. C. Act) Varanasi. Submission on behalf of the applicant is that he carried on business of manufacturing and sale of pulses in the name of M/s. Purshottam Das Ashok Kumar. he has a valid licence issued by R. F. C. Kanpur vide licence No. 472. He has a composite licence for processing various kinds of pulses vide licence No. 282/90. Counsel for the applicant submits that it is one time licence and is valid till the same is cancelled by the Mandi Samiti. A copy of the licence has been annexed as annexure No. I to the affidavit filed in support of this application On 9-10-1990, the applicant sold 150 bags of Masoor Dal weighing 151. 10 quintals and transported through truck No. U. A. N. 9343, the same was dispatched to M/s. Assam State Cooperative Marketing and Consumers Federation Limited, Gauhati, Assam. It is further submitted that there were three trucks loaded, which were dispatched by the applicant and each of the trucks; was in possession all of the necessary documents, Gate Pass bearing No. 28650/97 dated 9-10-1990, 9-R. U. serial No. 090/89 dated 9-10-1990, truck challan No. 549 dated 9-10-1990, letter pad of the consign bearing no 3/kp/90-91 of the same date, that is 9-10-1990 as well as the Transport Bilti No. U. R. N. 5027 dated 9-10- 1990. He was also in possession of licence issued by the Mandi Samiti. All these facts have not been disputed by the State in the counter affidavit. On the date and time of occurrence two trucks were allowed to cross the check post without any hindrance but third truck was apprehended by Radha Ram Yadav, Marketing Inspector. Naubatpur Check Post, Varanasi at 11:00 a. m. on 12-10-1990. The documents in possession of the driver was checked but an FIR was registered for alleged reason that the applicant has violated the provisions of Uttar Pradesh Scheduled Commodities Licence and Restriction of Hoarding Order, 1989 (hereinafter referred to as the Order ). The truck was detained at Police Station Syed Raja. Varanasi by the Marketing Inspector, an F. I. R. was registered. A copy of the same has been annexed as annexure No. 2 to the affidavit filed in support of this application. The allegation was that documents handed over by the driver of the truck do not bear licence number but it is not disputed that Gate Pass and Form 9-R was shown, which is sufficient proof of fact that the applicant possesses valid licence of Mandi Samiti. On the basis of the First Information Report, Investigating Officer recorded statement of the applicant on 24-4-1992, he has given clear statement that he was issued a valid composite licence and the licence number is clearly shown on the letterhead of the Firm. Surprisingly identical documents were in possession of other two trucks, which were not stopped but for the reasons best known, this truck was apprehended and a charge sheet has been submitted against the applicant after completion of the investigation, which is sought to be quashed in this application. After hearing learned Counsel for the applicant and learned A. G. A. for the State, it transpires that Gate Pass and Form 9-R issued by the Mandi Samiti was produced by the driver of the truck. Under Rule 76 (12) of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1965. Every commission agent is obliged to present a bill in Form No. IX to the purchaser on the same day or the following day, mentioning the purchase price and trade charges. He is also required to retain a counterfoil with himself Rule 76 (12) extracted below: " (76) Sale of specified agricultural produce (Section 40 (2) (xxxii) (I) to (11) (12) every commission agent shall, on delivery of the specified agricultural produce to a purchaser, present a bill in form No. IX to the purchaser on the same day or the following day, mentioning the purchase price and trade charges admissible under these rules and the bye-laws of the Committee and shall retain a counterfoil thereof with himself. "