B.N. Katju, J. - (1.) This is an application under Sec. 482 Code of Criminal Procedure filed by the State of U. P. praying that the order of the Sessions Judge, Basti passed in Criminal Appeal No. 202 of 1980 and the entire proceedings in the said appeal be quashed.
(2.) It appears that on 29 -8 -1980 803 bags of wheat were seized from the seven wagons in the railway goods shed of railway station Basti and 824 bags of wheat were seized from the railway goods shed of Basti for the contravention of Paragraph 3 of U. P. Food Grains Dealers (Licencing and Restriction of Hoarding) Order, 1976 by the Additional District Magistrate, Basti and a first information report was lodged by him at Police Station Kotwali on 30 -8 -1980 under Sec. 3/7 of the Essential Commodities Act (hereinafter referred to as the Act).
(3.) The Collector, Basti passed the under mentioned order on 31 -8 -1980: Report of Sri Jai Shankar Tripathi Sub -Inspector P.S. Kotwali and FIR lodged on 30 -8 -80 under Sec. 3/7 Act with regard' to 824 bags of wheat found in the Goods shed and 803 bags of wheat recovered in the various railway wagons have been attempted to be transported in violation of U. P. Food Grains Dealers Licencing and Restriction of Hoarding Order 1976. As such it is proved prima facie that violation under Sec. 3/7 U. P. Essential Commodities Act has been done. Where it is ordered that notice be issued to the persons concerned as to why the concerned wheat be not confiscated. As the wheat is likely to be damaged it should be handed over to Dy. R. M. O. Basti for issue to Fair Price Shops and to Tahsildars for Flood Relief Work. The cost will be deposited in the Court.;