- (1.) In this petition under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') the petitioners have highlighted that that there has been alarming increase in diversion of food stocks meant to be supplied under the Public Distribution System (in short 'PDS'). It is stated that highly subsidized wheat stocks supplied by the Central Government for distribution through PDS under several schemes are being diverted to rolling flour mills of different States. These stocks have been procured by the Central Government from Food Corporation of India (in short 'FCI'). Special reference has been made to the State of West Bengal and North-East States. It is alleged that instead of supplying them to the needy consumers and the intended beneficiaries they are being diverted to the open market. Several statistical data have been furnished. The States of Assam and West Bengal have filed counter affidavits and have denied the allegations and have submitted that all possible measures have been adopted to ensure that the foodgrains reach the intended beneficiaries.
(2.) Learned counsel for the petitioners have referred to some newspaper reports indicating that foodgrains worth more than rupees thirty one thousand crores have been siphoned off from public distribution system.
(3.) These allegations have been refuted by the learned counsel for the different States. It is to be noted that the Government of India, Ministry of Food and Consumer Affairs, Department of Food and Civil Supplies, by letter dated 13th December, 1997 brought to the notice of the Food Secretaries of all State Governments and Union Territories Administration that the scheme of custom milling was extended for a period of one year upto 31.10.1997 on the express conditions stipulated by letter dated 4th November, 1996. It was stated that the scheme was further reviewed and it was decided not to extend it further. The scheme of custom milling of PDS wheat stood withdrawn/discontinued.;