SHIV NARAYAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ application the petitioner has prayed for quashing the F.I.R. of Jagdishpur P.S. Case No. 183/07 dated 30.10.07 for the offence under Section 7 of the E.C. Act.

(2.) THE prosecution case, in brief, as made out on the written report submitted by the Marketing Officer, Jagdishpur Block, District -Bhagalpur is as follows: - The informant alleges that the D.D.C. during enquiry found 41.5 quintals rice said to be of Sampoorna Gramin Rojgar Yojna stored in the godown of the petitioner. He has further alleged that stock of aforesaid rice is not mentioned in register. As such, it is alleged that the same has been stored for the purpose of Blackmarketing. The petitioner submits that he is a P.D.S. dealer and out of 4558.87 quintals of rice allotted to him, only 4558 -87 quintals of rice have been lifted by the agency concerned and rest 41.5 quinals of rice was yet lifted. The Junior Engineer also accepted that due to non -availability of vehicle the said rice could not be lifted. The learned counsel submits that the rice is a denotified commodity since 2002 and there is free sale of the same. It is further submitted that P.D.S. Dealer being agency cannot be prosecuted under Section 7 of the E.C. Act, as such the F.I.R. is fit to be quashed.

(3.) THE State has filed counter affidavit. In para 7 of the counter affidavit it has been stated that the petitioner has concealed the information regarding the balance of 41.5 quintals of rice in the stock register and instead showed zero stock of rice therein. The petitioner as such has violated condition 11 of PDS licence. Further -more non -mentioning of remaining balance quantity still lying in the godown in the stock register is violative of Section 6(4) of the P.D.S. Control Order, 2001.