SURENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Articles 226/227 of the Constitution of India has been preferred by the above-named petitioner for quashing the entire proceedings arising out of Balia PS Case No. 26/96 under Section 7 of the Essential Commodities Act pending in the Court of Special Judge, EC Act, Begusarai.

(2.) The petitioner holds a licence for carrying on business in wholesale Fertilizer under the provisions of the Fertilizer Control Order, 1985 as there was complain throughout the State regarding anomalies of distribution of fertilizers. Several Committees were constituted by the State Government for making necessary inspection of the business premises of the fertilizer dealers and retailers in the State and to report about illegalities or irregularities found in the course of enquiry. According to the petitioner one of such Committee was constituted for Begusarai consisting of four members, namely, Shri C.S. Mishra, Executive Magistrate, Sri Shyama Prasad, Sub-Divisional Agriculture Officer, Begusarai, Shri Ashok Maharaj, Assistant Agriculture Officer, Begusarai headed by Shri Ganesh Rajak, Joint Director, Agriculture (Planning), Bihar. The Committee came for inspection in the petitioner's shop on 5th of February, 1996 but the shop was closed on that day as a marriage was being solemnised on that day in the petitioner's family. Accordingly, inspection was made on the next date i.e., on 6th February, 1996. The Committee had verified the licence, stock register, etc., of the petitioner's firm and also made physical verification of the godown. Besides inspecting the petitioner's premises the business premises of four retail dealers dealing in Fertilizer, namely, Ashirbad Enterprises, Komal Unnat Krishi Kendra, Kissan Seva Kendra and Rajnish Khad Bhandar were also inspected. These retailers admitted of purchase of fertilizer/Urea from the petitioner but those retailers failed to produce sale register, cash-memo, etc., and accordingly the Committee send a report to the Joint Secretary, Department of Agriculture, Patna on 7th February, 1996 seeking instructions for taking necessary action against the retail dealers and in the report nothing anomaly could be found against the petitioner wholesale dealing in business of Fertilizer. The copy of the report has been annexed with this writ petition as Annexure-1.

(3.) On 9.2.1996, the respondent No. 2 Shri Shyam Prasad, Sub-Divisional Agriculture Officer, Begusarai, who was a member of the Committee filed a case on 9.2.1996 against the petitioner alleging that on 5th February, 1996 he made inspection of the petitioner's firm and during the said inspection he found the following irregularities (i) no sign-board was outside the business premises in the house of the petitioner, (ii) there was no facility for storing Fertilizer, (iii) on the cash-memos there were no signature of the purchasers and in one such cash-memo of Devi Prasad Poddar, Proprietor, Kissan Seva Kendra, Balia informed that he had never purchased stock from the petitioner's firm, (iv) several agriculturists of the locality informed the informant that the petitioner's shop was closed for last 2-3 months but the petitioner went on lifting Urea from the Government go-down. The copy of the FIR has been annexed as Annexure-2 to this petition.