SUNITA AGARWAL, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for respondent no. 1 to 6. The orders passed by the licensing authority and the appellate authority for cancellation of fair price shop of the petitioner are under challenge in the present petition. It appears that the proceedings have been initiated on a surprise inspection of the shop in question made on 30.05.2016 by the Sub Divisional Officer, Hapur. At the time of inspection i.e. around 1.30 PM the shop was found closed. When the petitioner's husband was contacted on telephone he informed that they were out of station and would reach on the next date i.e. on 31.05.2016. On 31.05.2016, an information was received that an effort was being made to complete the stock of the fair price shop by unloading some sacks kept in the vehicle namely Tata 407. The Tehsildar, Hapur, Revenue Inspector and Lekhpal reached the spot and confiscated 53 jute sacks and 7 plastic sacks of wheat from the said vehicle. The fair price shop of the petitioner was inspected on the same day i.e. 31.05.2016 around 10.30 AM. The stock was found in deficit in the shop in question.
(2.) An FIR under section 3/7 of U.P. Essential Commodities Act 1955 was lodged against the petitioner. The goods available in the shop in question were confiscated.
(3.) It appears that an order dated 20.01.2017 was passed by the Additional District Magistrate, Hapur and it was held that since the stock has been confiscated and the goods which were found in the said vehicle were not proved to belong to the fair price shop dealer, therefore, the proceedings under Section 6 (A) of the Essential Commodities Act were dropped.;