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2000 DIGILAW 643 (PNJ)

Lal Chand v. State Of Haryana

2000-06-12

K.C.GUPTA

body2000
Judgment K.C.Gupta, J. 1. Heard. By this common order, three criminal revision petitions No. 116, 1155 and 1228 all of 1999 are being disposed of together as the question of law and facts involved therein is the same. 2. It is alleged that two criminal cases bearing F.I.R. Nos. 494 and 495 dated 27.6.1999 were registered against Parveen on the allegation of having committed offence punishable under Section 7 of the Essential Commodities Act, 1955 by the police of Police Station; Rohtak and the food articles were taken into possession by the police. The third case bearing F.I.R. NO. 496 dated 27.6.1999 under Section 7 of the Essential Commodities act, was registered against Lal Chand, who is the father of Parveen. 3. The petitioners moved application for releasing the food articles on Supardari, inter-alia, pleading that earlier a licence was required for dealing in wheat exceeding 25 quintals but after the amendment of the order on 26.5.1999, there was no need to get licence for keeping in possession wheat even exceeding 25 quintals. They further contended that after 26.5.1999, the wheat has been totally decontrolled and no licence was required for keeping any quantity of wheat or to keep the accounts etc. The relevant Schedule of Control Order, 1985, reads as under : "In this order, unless the context otherwise requires, food articles mean commodities mentioned in Schedule-1. Now Schedule 1 of the said order reads thus : (See clause 2(c), (g) and (i) Quantity in quintals for which licence is required. A. Foodgrains : 1. Rice 4 Quintals or above. 2. Barley. 3. Bajra 10 Quintals or above for each foodgrains. 4. Maize. 5. Wheat Exceeding 25 Quintals. Total : 39 Quintals or above." 4. Subsequently, the order was amended and the amended order i.e. Haryana Food Articles (Licensing and Price Control) Order, 1985 reads as under : "2. In the Haryana Food Articles (Licensing and Price Control) Order, 1985, in Schedule 1 under heading "Quantity in quintals for which licence is required. "for sub-heading "A-Food grains" and entries thereunder, the following sub-heading and entries thereunder shall be substituted, namely. "A-foodgrains : Rice ...4 Quintals and above." 5. Thus, on the basis of the amendment, the counsel for the petitioners contended that no case was made out against the petitioners and as such they were entitled to the release of wheat on Supardari. "for sub-heading "A-Food grains" and entries thereunder, the following sub-heading and entries thereunder shall be substituted, namely. "A-foodgrains : Rice ...4 Quintals and above." 5. Thus, on the basis of the amendment, the counsel for the petitioners contended that no case was made out against the petitioners and as such they were entitled to the release of wheat on Supardari. Prima-facie, the amendment dated 26.5.1999 suggests that no case is made out against the petitioners. Hence, I order that the wheat seized from the petitioners be released on Supardari to the satisfaction of Chief Judicial Magistrate/Special Judge, Rohtak.