MAMTA Vs. STATE OF U P THRU SECY AND OTHERS
LAWS(ALL)-2018-1-346
HIGH COURT OF ALLAHABAD
Decided on January 10,2018

MAMTA Appellant
VERSUS
STATE OF U P THRU SECY AND OTHERS Respondents

JUDGEMENT

Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the order passed by the Licensing Authority dated 06.06.2011 cancelling the fair price shop licence of the petitioner and the order dated 06.02.2012 passed by the Appellate Authority, Commissioner Agra Division Agra rejecting the appeal of the petitioner.
(2.) The case of the petitioner is that initially a show cause notice was issued to her with regard to an incident that took place on 06.01.2011, wherein "Jugad" vehicle was caught by two police constables, in which eight bags of wheat were loaded, which bags had FCI stamp on them and five empty drums of kerosene were also loaded. The driver of "Jugad" vehicle stated before the police that he was carrying the said grain and empty drums as loaded by the petitioner, the fair price shop licensee. It was presumed that the said grain were being transported for being sold in the black market. After approval of the District Magistrate, the FIR was lodged under section 3/7 of Essential Commodities Act.
(3.) On 10.01.2011 a show cause notice was issued by the Sub Divisional Magistrate to the petitioner with regard to recovery of food grains from the "Jugad" vehicle by the police constables and the FIR being lodged thereafter.;


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