BANKEY LAL AGARWAL Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Article 226 of the Constitution has been filed for quashing the F. I. R. under sections 3/7, Essential Commodities Act (for short B. C. Act) lodged on 4-1-97 at P. S. Gobhana District Aligarh, on the basis of which case crime No. 2 of 1997 has been registered and also the seizure memo of the same date.

(2.) THE allegations in the F. I. R. is that the premises of Aligarh Roller Hour Mills Private Limited (hereinafter referred to as 'mills') were inspected on 4-1-97 and the stock register showed that 8,804. 09 qtls. of wheat had been stored in the godown of the Mills and 14,644. 63 qtls. of wheat had been stored by it in the godowns of State Warehousing Corporation. Besides above, 1,566. 60 qtls. wheat was under processing and thus the total stock of wheat with the Mills was 25,015. 32 oils. According to the records of Regional Food Controller, the milling capacity of the Mills was 11,340 qtls. per week and thus the Mills was havingastockofl3,675. 32qtls. ofwheatin excess of one week's milling capacity. THE Mills had, thereby, contravened the provisions of U. P. Food grains (Procure ment and Regulation of Trade) Order, 1982 as amended by Fifteenth Amend ment which came into force on 10-12- 96 and U. P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989 as amended by Twenty ninth Amendment.

(3.) THE position of the Control Orders described above would show that after 26-6-93 a manufacturer could have ah un limited quantity of wheat in his stock and the law did not impose any kind of restric tion at all for keeping only a limited stock. THE position completely changed with the promulgation of Fifteenth Amendment Orderonlo-12-96anda limit of seven days manufacturing capacity was imposed with regard to a manufacturer.