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Madhya Pradesh High Court · body

2010 DIGILAW 236 (MP)

MOHD. SHAHABUDDIN v. STATE OF M. P.

2010-02-25

K.S.CHAUHAN

body2010
Judgment K.S.Chauhan, J. ( 1. ) This petition under Section 397 r/w 401 of the Code of Criminal Procedure has been preferred being aggrieved by the judgment dated 07.09.2007 passed by III Additional District Judge (Fast Track Court), Shahdol in Special Criminal Appeal No.3/2007 confirming the order dated 16.07.2007 passed by Collector, Anuppur in Case No.38 B-121/06-07 whereby the order for confiscation of Mini Truck No.C.G. 10-A/9549 under Section 6(A) of the Essential Commodities Act has been passed. ( 2. ) The facts of the case in short are that the Station House Officer, Police Station, Jaithari, District Anuppur received an information on 19.02.2007 that 100 quintals rice of Fair Price Shops belong to Lead Jaithari loaded from Ware House of M.P. State Ware Housing Corporation, Anuppur is being transported to Bilaspur (C.G.) by Mini Truck No.C.G. 10-A/9549. He proceeded to spot to verify the fact and blockade at Forest Barrier, Venkat Nagar situated at Chhattisgarh Border. The truck came there at about 9:30 p.m. Driver Amin Khan told him that the rice in question has been loaded by Anjani Shrivastava, Lead Manager and it was being carried to Bilaspur at the instruction of truck owner Mohd. Shahabuddin. The truck and the rice were seized. An offence under Section 3/7 of the Essential Commodities Act, 1955 was registered against Amin Khan driver, Vimlesh Khalasi, Mohd. Shahabuddin Truck Owner and Anjani Shrivastava, Lead Manager of Jaithari. An application for initiation of confiscation proceeding was filed in the court of Collector, Anuppur. The notices were issued to the concerned persons. They filed the replies. Statement of J.P. Patel S.H.O., Police Station, Jaithari was recorded. The affidavits were filed. After affording opportunity of hearing Collector, Anuppur passed order on 16.07.2007 confiscating the truck and rice in question. Being aggrieved by that order the Special Criminal Appeal No.03/2007 was filed before the Sessions Judge, Shahdol by the applicants but the same was dismissed on 07.09.2007. Being aggrieved by the impugned order the instant revision has been preferred on the grounds mentioned in the memo of revision. ( 3. ) Shri R.P. Mishra, learned counsel for the applicants submitted that the courts below have not appreciated the evidence in proper perspective. The finding is contrary to the evidence available on record. There is no breach of the Public Distribution System (Control) Order, 2001, therefore, the confiscation of the truck is erroneous. ( 3. ) Shri R.P. Mishra, learned counsel for the applicants submitted that the courts below have not appreciated the evidence in proper perspective. The finding is contrary to the evidence available on record. There is no breach of the Public Distribution System (Control) Order, 2001, therefore, the confiscation of the truck is erroneous. Learned counsel further submitted that this truck was attached to one J.K. Transporter. The proprietor used to deduct the commission and pay the freight charges to truck owner. Anjani Shrivastava hired this truck from J.K. Transporter. The truck owner was having no knowledge about it. The concerned police officer was demanding Rs.500/- and they have been falsely implicated on account of not fulfilling such demand. The order of confiscation of truck is illegal hence the same be set aside and truck be delivered to the truck owner. ( 4. ) On the contrary, Shri Dildar Singh Purba, learned Dy. G.A. appearing on behalf of the respondent/State supported the orders passed by courts below mainly contending that the truck owner was colluded with Lead Manager of Jaithari and the 100 quintals rice of BPL was being transported to the State of Chhattisgarh which was prevented at the Forest Barrier, Venkat Nagar. There is breach of the Public Distribution System (Control) Order, 2001. The courts below have not committed any illegality in confiscating the truck and rice in question. ( 5. ) The main point for consideration in this revision is that whether the courts below have committed any illegality in confiscating the Mini Truck No.C.G. 10-A/ 9549 and 100 quintals rice in question. ( 6. ) Shri J.P. Patel, the then S.H.O. Jaithari has given the evidence in support of the prosecution mainly contending that at about 9:30 p.m. Mini Truck No.C.G. 10- A/9549 was seized at Forest Barrier, Venkat Nagar. Amin Khan driver of this vehicle told him that the rice has been loaded after taking instruction from the truck owner Mohd. Shahabuddin. Anjani Shrivastava loaded rice and told him that he will inform him telephonically as to where the rice would be unloaded at Bilaspur. The rice was seized. Receipt No.881 and 882 were also seized. Accordingly the rice was to be supplied to Fair Price Shops of villages Paudi, Singhora, Sulkhari and Lahsuna and to the hostels situated at Paudi and Lahsuna. The rice was seized. Receipt No.881 and 882 were also seized. Accordingly the rice was to be supplied to Fair Price Shops of villages Paudi, Singhora, Sulkhari and Lahsuna and to the hostels situated at Paudi and Lahsuna. It is evident that these villages are situated 3-4 kilometers before reaching Venkat Nagar. Collector, Anuppur in his order has clearly mentioned the convenient routes by which the rice could have been transported to these villages. There was no necessity to go to Venkat Nagar which was situated at the border of Chhattisgarh. There is no plausible explanation as to why the driver carried the truck at Forest Barrier, Venkat Nagar. While he was trying to cross that barrier S.H.O. Police Station, Jaithari caught him and seized the truck and rice. ( 7. ) Rule 6 of the Public Distribution System (Control) Order, 2001 reads as follows:- "6. Distribution:- (1) The procedure for distribution of foodgrains by the Food Corporation of India to the State Governments or their nominated agencies, shall be as per paragraph 4 of the Annexe to this Order. (2) Fair price shop owners shall take delivery of stocks from authorised nominees of the State Governments to ensure that essential commodities are available at the fair price shop within first week of the month for which the allotment is made. (3) The district authority entrusted with the responsibility of implementing the Public Distribution System shall ensure that the stocks allocated to the fair price shops are physically delivered to them by the authorised nominee within the stipulated time. (4) The authority or person, who is engaged in the distribution and handling of essential commodities under the Public Distribution System, shall not willfully indulge in substitution or adulteration or diversion or theft of stocks from Central godowns to fair price shop premises or at the premises of the fair price shop. Explanation. -For the purpose of this clause: (i) diversion means unauthorized movement or delivery of essential commodities released from central godowns but not reaching the intended beneficiaries under the Public Distribution System. Explanation. -For the purpose of this clause: (i) diversion means unauthorized movement or delivery of essential commodities released from central godowns but not reaching the intended beneficiaries under the Public Distribution System. (ii) substitution means replacement of essential commodities released from central godowns with the same articles of inferior quality for distribution to the intended beneficiaries under the Public Distribution System." Thus the BPL rice which was to be supplied at the fair price shops of these villages was not carried there and diverted the route and breached Public Distribution System (Control) Order, 2001. ( 8. ) The defence of the truck owner that the truck in question was attached to J.K. Transport, Shahdol is not substantiated by any reliable evidence. The fact is that the rice was to be transported from Anuppur where transporters were also available then what was the necessity to contact with a transporter of Shahdol which is quite away from Anuppur. It is also a fact that Mohd. Shahabuddin truck owner resides in the State of Chhattisgarh and the driver has clearly stated that he talked with the truck owner and at his instruction only he loaded the rice in the truck to be transported at some place at Bilaspur. Though the place is not mentioned as to where it was to be unloaded but driver has clearly stated that Anjani Shrivastava who loaded the rice has told him that he will telephonically communicate the place at Chhattisgarh where the rice was to be unloaded and it has come on record that the driver was waiting for his instructions. Thus there was the collusion in between the truck owner and Anjani Shrivastava, Lead Manager, Jaithari. The B.P.L. rice of the Fair Price Shops was being carried to Chhattisgarh but at the intervention of police the same could not be carried there. It is also evident that the rice was being transported at night and there were no labourer on this truck to unload the same. The Fair Price Shops remain closed at night. This also negatives the possibility that the rice was being transported to Fair Price Shops. The contentions raised by applicants in this behalf are not acceptable. There is no reason to falsely implicate the applicants. ( 9. ) The courts below have appreciated the evidence in proper perspective and have rightly arrived at the conclusion regarding the confiscation of truck and rice. The contentions raised by applicants in this behalf are not acceptable. There is no reason to falsely implicate the applicants. ( 9. ) The courts below have appreciated the evidence in proper perspective and have rightly arrived at the conclusion regarding the confiscation of truck and rice. There is no illegality, irregularity, impropriety and perversity in the findings of the courts below, hence does not call for interference. The revision is meritless and deserves to be dismissed. ( 10. ) Consequently, the revision fails and is dismissed. The order passed by courts below are hereby affirmed. The ad-interim stay granted by this Court on 17.10.2007 is hereby vacated. Revision dismissed.