RAJ KISHORE MISRA Vs. STATE

JUDGEMENT

(1.) S. N. Sahai, J. This is a petition for quashing of the F. I R. contained in Annexure 2. The F. I. R. shows that on 27th July, 1989 petitioner Raj Kishore Misra was bringing wheat in a truck numbered UPH-8010 from the side of Suratganj, S. I. , R. N. Misra became suspicious and he took a search of the truck at about 10. 00 p. m. on that date. He found that 100 bags of wheat were kept in the truck and there were incomplete papers relating to the same with the petitioner or the truck driver. On the basis of these facts, he seized the truck and the wheat and lodged the F. I. R, on 27th July, 1989 at 11. 30 p. m. at P. S. Mohammadpur district Barabanki. A case was registered under Section 3/7 of the Essential Commodities Act, 1955 against the petitioner for the contravention of Uttar Pradesh Wheat (Levy) Order, 1989 which was issued on 7th June, 1989. Annexure S-2 to the supplementary affidavit filed by the petitioner shows that the truck and the foodgrains were given in the superdgi of the petitioner by an order, dated 19th August, 1939 passed by the District Magistrate, Barabanki on furnishing two sureties.

(2.) WE have heard the learned counsel for the petitioner and the learned Standing Counsel. Clause 3 of the Levy Order referred to above imposes a legal obligation on every licensed dealer to sell to the State Government (through the Controller or his nominee) at the scheduled price at a purchase centre a certain percentage of wheat in his stock, as described in that clause.

(3.) WE consequently allow the writ petition and quash the impugned F. I. R. and direct that no further proceedings in pursuance thereof shall be taken against the petitioner. The wheat and the truck in question shall be released in favour of the petitioner. Petition allowed. .