GOPAL RICE MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL the writ petitions contain the same prayer seeking for quashing of the order issued on 28.11.2007 (Annexure P-10) by the Food Corporation of India, stating that the rice supplied to them after milling had been of substandard quality and calling upon them to replace the substandard rice delivered during KMS 2004-05 within a stipulated period. The notice also states that if the replacement had not been done as demanded, the respective petitioners would be blacklisted that would mean the bar of dealing in future with the respective milling Companies. By a subsequent notice issued on 22.12.2008 (Annexure P-14), the respective supplies of the petitioners had been found beyond PFA (Prevention of Food Adulteration) limits. The losses ascertained by resales of the grains themselves were set forth through the said notices and the amounts were called upon to be deposited within a stipulated period.

(2.) THE contention of all the petitioners in the respective cases is that, when the goods had been made ready and dispatched to the authorities, they were all weighed and certified by officers of the Food Corporation of India as conforming to the standard quality and they could not turn around and inform after nearly 2 years that there had been any defects in the goods that could quality for a categorization either as BRL (Below Rejection Limit) or under PFA. The petitioners would rely on the procedure for assessing the quality of the goods supplied, in the manner of taking samples and carrying out the investigation regarding the quality of grains supplied. In particular, the petitioners rely on the provisions of the Punjab Rice Procurement (Levy) Order, 1983, (for short, 'the Order, 1983'), that contain the procedure for custom milling of paddy not belonging to the miller after the procurement is done and setting out specification for the rice to be supplied after milling. The provision relating to delivery of levy rice, sub-clause (4) of Clause 7 spells out as follows:-

(3.) WHEN the impugned notice was issued on 28.11.2007 (Annexure P-10) by the Food Corporation of India, complaining of supply of poor quality of rice that fell below the acceptable standards and when the respective petitioners were required to give the replacement of the alleged substandard rice during the KMS 2004-05, it had immediately elicited responses from the petitioners that they all had been received by the Food Corporation of India after due verifications and it had never been complained immediately that there was any defect in the goods supplied. The petitioners would turn the charge on the Corporation to state that the foodgrains would undergo changes during storage due to various biological and atmospheric conditions during storage and it must be only on account of poor storage procedures adopted by the Food Corporation of India after they had been delivered to it. The Food Corporation of India had engaged the respective petitioners in a series of communication that included a further notice issued on 22.12.2008 (Annexure P-14), that stocks deliveries had been found beyond PFA limits and due opportunity had been provided to the petitioners for inspection/joint analysis of the stocks. It is not very clear from the tender sales of the stocks that were invited through the notice dated 22.12.2008 as to when the stocks had been offered for inspection or joint analysis.