NADEEM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been directed against order dated 25/10/2017 passed by the learned Additional Sessions Judge Court no. 9, Bulandshahar in Criminal Appeal No. 83 of 2017, (Nadeem vs State of U.P.) as well as order dated 24/04/2017 passed by the learned Additional District Magistrate (F) in case no. 17 of 2016/D- 2016111701864, (State vs Kalyan and others) under section 6A of Essential Commodities Act (to be referred as the Act from here onwards in brief), PS, Pahasu, District Bulandshahar, whereby the rice of the revisionist has been confiscated in favour of the Government. It is prayed that the impugned orders be set aside and direction be issued to release the wrongly confiscated 275 quintals of rice in favour of the revisionist.

(2.) It is contended by the learned counsel for the revisionist that the opposite party has failed to clarify as to which provision of Control Order has been violated by the revisionist, as a result of which the said rice has been confiscated under section 6-A of the Act. The learned counsel took the Court through the provisions of the Uttar Pradesh Scheduled Commodities Distribution Order, 2004 (to be referred from here onwards in short as 'Control Order of 2004' and stated that none of the provisions of this Control Order has been violated by the revisionist nor in the notice, any reference was made of any provision of the Control Order of 2004 being breached. In view of no disclosure in the said notice of violation of any specific provision of Control Order which is made punishable under section 3 read with section 7 of the Act, the confiscation of the said rice is illegal and in view of that the impugned orders need to be set aside.

(3.) The facts, in brief, of this case are that an F.I.R. was lodged by Supply Inspector, Digvijay Singh on 7/10/2016 at 100 hours at P.S. Pahasu, District Bulandshahar that on 06/10/2016 at about 11.00 hours SDM Shikarpur, District Bulandshahr had informed him that on information given by an informer he found a truck no. U.P. 13 ST 0777, loaded with 275 quintals of rice in 550 sacks standing on 15/10/2016 at about 8:30 PM near Gangagarh Piau within the jurisdiction of P.S. Pahasu in suspicious circumstances. With the help of SHO, Pahasu the driver of the vehicle as well as its conductor/cleaner were brought to P.S. Pahasu. In compliance with the direction given by SDM, Shikarpur, the first informant, Digvijay Singh, with Supply Clerk, Mohmmad Akmal and Ved Prakash reached P.S. Pahasu at 4.30 hours. On the said sacks, Government of Punjab was written, regarding which the papers were required to be shown by the driver and the conductor, but the same could not be shown nor any knowledge about the said rice could be given. By opening the stitches of sacks, they were found used from the reverse side for filling rice therein belonging to the public distribution system for being sold in black market on higher price. The truck driver, Kalyan could not show any papers about the loaded material. Similarly the conductor Nehna was also enquired about the owner of the vehicle, whereon he disclosed that the said truck belonged to one, Amit Kumar Goel. The said truck was brought to the police station Pahasu and the above persons were apprised that they had made violation of the Control Order of 2004 read with provisions of section 3/7 of the Act. The said material was taken into custody from the angle of its security by Shri Manoj Kumar, Marketing Assistant, Pahasu who was instructed that the said rice would be kept by him in his supervision and he would produce the same before Court/competent officer in case of demand/direction. The driver and conductor and the vacant truck were given in supervision of SHO Pahasu. After seeking sanction from DM for lodging F.I.R. against Kalyan, Nehna and owner of the truck, Amit Kumar Goel, an F.I.R. was lodged against them.