STATE OF RAJASTHAN Vs. BHANAVI AGRO PVT. LIMITED

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397/401 Cr.P.C. has been preferred claiming the following reliefs:-

(2.) Brief facts of the case as placed before this Court by learned counsel for the State-petitioners are that the respondents were found to be in possession of sacks of imported food grains, namely red wheat, and that the same was used for manufacturing processed flour. On information being received by the concerned State authorities, that the respondents were engaged in black market activity and illegal sale/purchase of the red wheat, a raid was conducted and the said food grain was seized. Pursuant thereto, the District Collector, Udaipur initiated proceedings under Sec. 6A (1) of the Essential Commodities Act, 1955 (hereinafter referred to as 'Act of 1955'). And that the respondents were found to be flouting the order passed under Sec. 3 of the Act of 1955, and consequently the seized imported red wheat was confiscated. Subsequently, a criminal case was registered against the respondents under Sec. 3/7 and 3/8 of the Act of 1955 and the same is pending trial.

(3.) Learned counsel for the State-petitioners submitted that in the proceedings initiated under Sec. 6A of the Act of 1955, it was the case of the State that the respondents could not have come into the possession of the imported red wheat since it was to be distributed under the public distribution system through fair price shops. And that the fair price shopkeepers were provided with the imported red wheat by cooperative distributing agencies which had originally procured the said food grain from the Food Corporation of India ("F.C.I."), which was, in turn, imported the same from Australia.