INDRA VIKRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed for quashing the FIR under Section 3/7 Essential Commodities Act lodged on 24-12-96 at P. S. Rauza district Shahjahanpur on the basis of which case crime No. 236 of 1996 has been registered and also the seizure memo dated 23-12-96.

(2.) PETITIONERS contend that they are farmers and they had stored wheat which had been cultivated by them. PETITIONERS have filed copies of khataunis to show that they own agricultural land. In the counter affidavit filed on behalf of the State, it is asserted that in fact the petitioners are traders who carry on business of sale and purchase of wheat and they had illegally stored the wheat. The quantity of wheat found in stock of the petitioners was far in excess of what can normally be grown and produced from the land owned by them. It is also pleaded that the petitioners had not filed copies of khasra of the relevant year which alone could show the area over which wheat was grown. Learned Stand ing counsel has also urged that an agriul turist normally does not store his produce in the godowns of State Warehousing Cor poration and this is done only by busi nessmen.

(3.) IN the result, the writ petition is partly allowed. A writ of mandamus is issued to the respondents not to prosecute the petitioners under Section 3/7, Essential Commodities Act in connection with the FIR lodged on 24 -12 -1996 at P. S. Rauza distict Shahjahanpur on the basis of which case crime No. 236 of 1996 has been regis tered if the petitioners have not acquired wheat after the enforcement of U. P. Food -grains (Procurement and Regulation of Trade) (Fifteenth Amendment) Order, 1996 which came into force on 10 -12 -96. Petition partly allowed. .