MD ZAZMUL AHASEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, Modammad Zazmal Ahasen, is a modified Ration Dealer under the Scheme framed by the West Ben-bal Government for distribution of foodstuffs to consumers and runs a modified Ration Shop in Dhalhara, P.S. Tandu, Midnapore. The petitioner is working as a modified Ration Dealer since 17th May, 1967.

(2.) The petitioner's licence was renewed from time to time. The last such renewal was on 5th Sept., 1975, and the licence was valid up to 4th Sept., 1980.

(3.) On or about 18th July, 1980, the Circle Inspector, Food and Supplies, Tamuluk and the Inspector of Food and Supplies, Tamuluk, the respondents Nos. 6 and 7 herein visited the shop of the petitioner for inspection. It is alleged that during inspection the petitioner could not produce hooks of accounts relating to rationed commodities. Stock Books, Daily Sales Register, Non-drawal Register and Cash Memos could not be produced for the period of six months up to 19th July, 1980. On enquiry from the Ration-card-holders present in the shop it was discovered that the petitioner did not issue any Cash Memos to consumers and books of accounts were not maintained. The petitioner was given time for production of books of accounts in the Office of the Sub-Divisional Controller (Food and Supplies), Tamuluk, the respondent No. 5 herein. The petitioner appeared in person but did not produce the books of accounts. On 22nd July, 1980, the petitioner produced books of accounts relating to the period 17th July, 1980, to 20th July, 1980, but the books of accounts prior to that period were not produced. There was a further allegation that the petitioner had inflated falsely the quantity of rationed commodities distributed by the petitioner in his weekly returns and that the petitioner had shown bogus distribution and had made unauthorised disposal of stocks of modified rationed commodities. A notice to show cause why the dealership of the petitioner should not be terminated was issued by the respondent No. 5 on 28th July, 1980. On 29th August, 1980, the petitioner submitted a detailed reply in which he dealt with the allegation made against him in the show cause notice point by point.