LAWS(P&H)-1989-4-68

MESSRS. PRAKASH INDUSTRIES Vs. STATE OF HARYANA

Decided On April 07, 1989
Messrs. Prakash Industries Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THROUGH this petition under Section 482 of the Code of Criminal Procedure, 1898, Messrs Prakash Industries (hereinafter called the 'petitioner') seeks the quashing of criminal Action instituted vide F.I.R. No 12 dated 17th January, 1989 at Police Station Kalka under Section 7 of the Essential Commodities Act 1955 (hereinafter referred to as the 'Act'), besides the release of 150 quintals 88 kilograms and 500 grams of rice, contending that it had purchased 166, 167 and 167 bags full of rice from M/s. Khela Rice and General Mills, Raikot on 5th January, 1988, vide three bills, copies whereof are Annexures P. 1, P. 2 and P. 3. The petitioner then contracted to supply 150 bags of Rice to M/S. Om Oil and Flour Mills, Parwanoo and despatched these bags of rice through Super-fast Transport Cooperative Society, Ludhiana on 16th January, 1988, vide invoice, copy whereof is Annexure P-4. It was also maintained that release order dated 21st December, 1987, copy Annexure P-5, for the sale of 4751 quintals 88 kilograms and 500 grams of superfine raw rice was obtained from the District Food and Supplies Controller, Ludhiana. The aforesaid 150 bags full of rice were being transported through truck bearing registration No. CHW 6286 of the said Transport Society to Parwanoo on 17th January, 1988 when the truck was intercepted by Kalka police and the above-referred case was registered in spite of the fact that all the necessary documents, including the release order were available with the incharge of the truck. Thereafter, on getting information of the seizure of the truck and the rice. Rattan Lal Accountant of the petitioner approached the police of police station Kalka for the release of the rice etc. but the police did not release the truck or the rice. On the other hand, one Bill Book serial Nos. 201 to 300 of Rice Stock Register and one rice invoice register were taken. Thus, under these circumstances it was contended that no case is made out against the petitioner under any provision of the Act. Therefore, the quashment of the F.I.R. as well as the release of the rice and the above referred registers was sought.

(2.) IN the return filed by A S.I. Ram Kumar of Police Station Kalka, District Ambala, it was contended that 150 bags of common variety of rice were taken into possession from the above referred truck as the rice was being transported from the State of Haryana to the Himachal Pradesh in Violation of Section 3 of the Haryana Rice Procurement (Levy) Order, 1985 It was also maintained that the quality of the rice was not mentioned in the bill and that no permit was taken while entering Haryana State at Panchkula barrier in order to prove that the rice was being brought from Raikot to Parwanoo. It was also maintained that ex facie common quality of rice was being exported from Haryana to Parwanoo in Himachal Pradesh, and, therefore, the truck and the rice were seized for committing the violation of the Haryana Paddy (Export Control) Order, 1987 The seizure of the above referred registers/documents was admitted for the proper investigation of the case.

(3.) IN the case in hand, the perusal of Annexure P-5 reveals that M/s. Khela Rice and General Mills, Raikot were permitted to sell 4651 quintals 88 kilograms and 500 grams of rice of super-fine quality free in the market, as it had already delivered 29836 quintals and 24 kilograms of rice of this quality to the Government. It is further mentioned therein that free sale of 25% share has been allowed The perusal of Annexures P-1 to P-3 reveals that on 15th January, 1988. 167 bags of super fine raw quality of rice was sold to the petitioner by the aforesaid M/S. Khela Rice and General Mills Raikot. From Annexure P-4 it appears that the petitioner had consigned bags containing 150 qunitals of rice to the Transport Society and it was loaded in truck bearing registration No. CHW 6286 and was to be delivered to M/s Om Oil and Flour Mills at Parwanoo in Himachal Pradesh. Strange enough in this Bility Annexure P-4 the quality of rice is not specifically mentioned. Under these circumstances, the assertion of the Investigator that rice of common quality was being exported, appears to be well founded, especially when there is no other evidence on the file to rebut the same.