SK. ABDUL SABIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner seeking quashing of proceeding being GR case No. 531 of 2017 arising out of Raina P.S. Case No. 38 of 2017 dtd. 17/2/2017 under Sec. 19 of West Bengal Cold Storage (License and Regulation) Act, 1966 (hereinafter referred to as 'the said Act') read with Sec. 4Q of the Cold Storage (License and Regulation) Rule, 1967 pending before the Learned Court of the Chief Judicial Magistrate, Burdwan by filing this revisional application.

(2.) The essential facts of the case are relevant for the disposal as hereunder: On 17/2/2017, the Asst. Director of agricultural marketing (administrative), Burdwan lodged a written complaint alleging, inter alia, that directors of M/S Prathana Food Processing Private Limited having its office at Badsahi Road, Bolpur, Machkhanda, Burdwan, violated the provision of Sec. 19 of the West Bengal Cold Storage (License and Regulation) Act, 1966 read with Sec. 4Q of Cold Storage (License and Regulation) Rule, 1967 and carrying on business of storing of Potatoes without a valid licence resulting in registration of Raina Police Station Case No. 38 of 2017 dtd. 17/2/2017 under Sec. 19 of the West Bengal Cold Storage (License and Regulation) Act, 1966 read with Sec. 4Q of the Cold Storage (License and Regulation) Rule, 1967 though the contention of the petitioner is that carrying on business of storing of potato since 2008 having valid licence No. 700 dtd. 15/1/2008 and, thereafter, several occasions the said licence was renewed from time to time by the competent authority as such there is no question arises for any violation of provision of law. Under the above circumstances, the present application has come up before this Bench for quashing of the proceeding as it is abuse of process of law.

(3.) Learned Advocate appearing on behalf of the petitioner submitted that on 14/3/2014, the petitioner applied for further renewal of licence of the cold storage from 5/1/2013 to 14/1/2014 with licence fee of Rs.200.00=. Subsequently, the authority directed the petitioner to submit documents regarding renewal process. As per requirement, petitioner has submitted the required documents but no licence has been issued by the competent authority. The petitioner further applied for cold storage licence on 11/8/2014 after paying the renewal fees of Rs.200.00= and, thereafter, time to time the petitioner has applied for the renewal of licence after paying fees of Rs.200.00= through challans for subsequent years.