GANPATI TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred seeking the following reliefs:-

(2.) It is stated that on the basis of the written report of the Block Supply Officer, Rajapakar (Vaishali) that in ward no.13, south Rajapakar panchayat of Rajapakar Block subsidized wheat has been stored for black-marketing, a raid was conducted in the premises of the petitioner. It is alleged that in course of said raid 115 bags of subsidized wheat has been found stored in jute bags of Bihar State Food and Civil Supplies Corporation (hereinafter referred to as 'the Corporation'). It is further alleged that at the time of raid proprietor of the shop was present and on being enquired the proprietor disclosed that the wheat were purchased from farmers in the rural areas. He could not produce any paper in proof of the same despite waiting for about two hours. The informant claims that from these facts it appears that the wheat were the subsidized wheat of the Corporation which were stored for black-marketing purposes. The wheat were seized and the same were given on 'Jimenama' to the Assistant Godown Manager of Bihar State Food Corporation. On the basis of the written complaint of the Block Supply Officer, Rajapakar the present case being Rajapakar P.S. Case No.192 of 2022 dtd. 10/6/2022 has been registered under Sec. 7 of the Essential Commodities Act, 1955.

(3.) The petitioner is a proprietorship concern involved in the business of selling and buying rice, wheat and other items. According to him, the wheat in question were purchased from three different farmers namely (i) Kundan Kumar (ii) Raju Kumar and (iii) Ajeet Kumar. Three invoices in this regard have been brought on record as Annexure-P/2 series to the writ application. The petitioner has also brought on record its GST registration certificate as Annexure-P/3 to the writ application claiming that it is registered under the Value Added Tax Act, 2005 and also with the Government of India vide GST registration. From Annexure-P/3 it appears that it has been issued on 2/11/2017 It is submitted that the allegation that the wheat were the subsidized wheat of the Corporation has no basis and the whole allegation is based on surmises and conjectures. Merely because the wheat were packed in the bags of the Corporation, it does not make that those were subsidized wheat. It is common knowledge that those bags are available in the open market and anybody can purchase it.