KRISHNA RICE MILL INDUSTRIES Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-7-13
HIGH COURT OF CHHATTISGARH
Decided on July 04,2003

Krishna Rice Mill Industries Appellant
VERSUS
STATE OF CHHATTISGARH Respondents


Referred Judgements :-

SHALIGRAM GANGARAM KHANDELWAL VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

L. C. BHADOO, J. - (1.)The accused/applicant has preferred this criminal revision under Section 397 read with 401 of the Code of Criminal Procedure being aggrieved by the order dated 19th February, 2003 passed by the learned Sessions Judge, Raigarh in Criminal Appeal No. 49/2000, arising out of the order dated 3rd December, 1999 passed by the Collector and Licensing Authority, Raigarh in food Case No. 4/99 by which learned collector exercising the powers conferred on him under Section 6(ka) of the Madhya Pradesh Essential Commodities Act, 1955 confiscated 101.11 quintal seized paddy in favour of the State, on the ground that there was violation of conditions No. 3 and 4 of the licence which was issued under Rule 8 of the Anusuchit Vastu Vyapari (Anugyapan Tatha Jamakhori per Nirbandhan) Aadesh, 1991.
(2.)The relevant facts for the disposal of this criminal revision are that on 6th January, 1999 Shri Manoj Tripathi, Food Inspector, Kharasia along with Shri P.N. Mishra, Assistant Food Inspector inspected the premises of M/s Krishna Rice Industries Kharasia. At the time of inspection Suresh Kumar Agarwal, son of the proprietor of the firm namely Satyanarayan Agarwal was found in the premises, who was conducting the business in the firm. The inspection was made in presence of the independent witnesses after taking declaration from the son of the proprietor of the firm. During the inspection of the stock register following entries were found to have been made as on 4-1-1999 those are: 1121.39 quintal paddy, 1237.71 rice, and 21.15 quintal kanki (small pieces of rice). On physical verification of the premises of the firm following food grains stock was found i.e. 1312.50 quintal paddy, 1046.00 quintal rice, and 2150.00 quintal kanki (small pieces of rice).
(3.)There were also entries in the stock register to the effect that on 4-1-1999 - 80.75 quintal, on 6-1-1999 111.15 quintal i.e. total 191.90 quintal paddy was given to the Food Corporation of India towards levy by the firm. Thereby on the inspection of the stock register and in the physical inspection of the firm there were difference of 191.11 quintal paddy, 19 k.g. rice and 35 k.g. kanki (small pieces of rice).


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