GAURAV SHARMA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present petition has been filed for quashing FIR bearing No. 68/2020 dtd. 23/3/2020 registered with Police Station, Satwari for commission of offence under sec. 188 IPC.

(2.) It is stated that the FIR impugned has been registered erroneously pursuant to the information submitted by the Sub Inspector of Police Station, Satwari on the misconceived premise that the warehouse of M/S Instakart Services Pvt. Ltd. was operating in violation of orders of the District Magistrate, Jammu dtd. 15/3/2020 and 19/3/2020. It is further averred that that a warehouse in question is exclusively used for the purpose of storing goods and merchandise. On 15/3/2020, the District Magistrate issued prohibiting operations of certain establishments and activities to mitigate the transmission of COVID-19 pandemic. Pertinently, the said order did not restrict operation of private transport or unloading of goods in warehouses for safekeeping. Further on 19/3/2020, the District Magistrate, Jammu issued another order that all shops/markets except for groceries, fruits, vegetables, dairy products, medical shops, petrol pumps and other establishments providing for essential commodities in the jurisdiction of District Jammu shall remain closed till 31/3/2020. It is further stated in the petition that in the order dtd. 19/3/2020, there was no prohibition of private transportation or unloading of goods in warehouse for safekeeping. The petitioner has further stated that on 23/3/2020, a truck bearing registration No. JK 02PQ 0258 with gate pass No. 30124 carrying goods/merchandise those were to be delivered at the warehouse, entered Jammu and reached the warehouse on 23/3/2020 and as the truck was to return to its original destination, the employees at the warehouse started offloading the goods/merchandise from the truck into the warehouse and at that point of time at around 05.30 PM police officials reached the warehouse and found that offloading of goods/merchandise was taking place. The police officials did not stop the unloading but instead informed the petitioner that they will be charged for the violation of the orders dtd. 15/3/2020 and 19/3/2020. The petitioner explained to the Police officials that there was no violation of any government order because the warehouse was not a shop/market. The petitioner further apprised the police officialsthat the warehouse was not in operation and was only opened for the limited purpose of offloading the goods/merchandise from the truck which had reached the warehouse so that such goods/merchandise could be stored for safekeeping and the truck could be released. However, the police officials proceeded to seal the warehouse.

(3.) On 23/3/2020 itself, the FIR was registered against the petitioner for violation of orders dtd. 15/3/2020 as well as 19/3/2020. It is further stated that on 24/3/2020, the Ministry of Home Affairs in its order implemented certain measures to prevent spread of Corona and as per clause 4 of the said order, commercial and private establishments were to be closed down, however, clause 4(i) of the said order, categorically excluded warehousing services from being shut. There was absolutely no bar on inter-state movement of goods and cargo or for warehouse operation. Therefore, the Central Government brought in clarity by issuing the order dtd. 24/3/2020. The Ministry of Home Affairs has issued an addendum to the order dtd. 24/3/2020 by another order dtd. 25/3/2020 whereby it added clause 6(b) to the order dtd. 24/3/2020 to allow inter-state movement of goods/cargo for inland and exports. On 29/3/2020, the Ministry of Home Affairs clarified the order dtd. 24/3/2020 by mentioning that transportation of all goods, without the distinction of essential/non-essential, has been allowed. Later on, the said premises was de-sealed pursuant to order dtd. 14/5/2020 passed by the Duty Magistrate (Munsiff) JMIC, Jammu.