Prosecution under the Essential Commodities Act cannot lie against a private individual who is not a PDS dealer, as established by legal precedents regarding stock limits and the nature of essential goods.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

Heard Mr. N.K. Agrawal learned senior counsel for the petitioner and Mr. Navin Kr. Pandey learned APP for the State.

2. Present petition for quashing of FIR bearing Chousa P.S. Case No. 80 of 2023 dated 18.03.2023, filed under Section 379 of IPC and Section 7 of E.C. Act.

3. The brief fact of the case as it appears from the version of the informant namely Sanjeev Kumar, Block Supply Inspector, Chausa, that on 18.03.2023 at 01.05 AM over telephone, he received information that at Bhatgama, Arwa, rice is loaded on the truck which is for black marketing. On this information, he himself, B.D.O. Chausa, Revenue Officer and police party Chausa in joint raid, found that one truck bearing registration no. RJ09GD-5340 was loaded with 495 plastic gunny bag Arwa Rice of 50.00 Kg each hand stitched, total weight 247.50 quintal. Truck was standing in the godown premises of godown owner Mr. Om Prakash and on truck its driver Kailash Dangi and khalasi Vikram were present. Driver and khalasi were taken into custody and inspection was made in godown from where 80 gunny bag of rice was found stored, whereafter the godown and food grain was seized. During raid, godown owner fled. After waiting for hours, godown owner did not return nor produced any documents in respect of purchase. Information was given to S.D.O., Udakishunganj who directed to institute FIR. It is further stated that again when he reached to bring the seized rice which was kept in the godown, then he found the lock was broken and whole 80 bags of Arwa rice was missing from the Godown. Thereafter, seized rice was handed over on Jimmenama to the Assistant Godown Manager, S.F.C., Bihariganj.

4. Mr. NK Agrawal, learned senior counsel for the petitioner submitted that petitioner is the owner of the godown in question but it was given on rent to one Shailendra Kumar, son of Harilal Pandit, R/o Village + P.O. Madhurapur, Narayanpur, P.S. Bhawanipur (Bihpur), district Bhagalpur on 01.02.2022, against monthly rent of Rs. 6100/- for three years w.e.f. 01.02.2022 to 31.01.2025. The petitioner duly entered into the rent agreement with Shailendra Kumar, in terms of Annexure -2. It is further submitted by Mr. Agarwal that Shailendra Kumar was running a firm under name and style of M/s Jay Mahadev Traders, Madhurapur, Narayanpur, district Bhagapur for which the rice in issue was purchased from Adarsh Food Product, Industrial Area, Deonah, Tilrath, Begusarai, and in support of this fact a bill dated 16.03.2023 appears annexed with petition as Annexure-3. Mr. Agrawal further submitted that M/s Jay Mahadev Traders is duly registered with GST Department, Government of India since 10.08.2017. It is pointed out that petitioner is not a PDS dealer and also the said Shailendra Kumar who was given premises on rent was also not a PDS dealer and considering all such issues the seized rice was released in favor of said Shailendra Kumar owner of M/s Jay Mahadev Traders by learned court below. It is submitted that as petitioner is not a PDS dealer, therefore, no case under E.C. Act appears made out against him. It is further submitted that the truck which was found involved in carrying of alleged seized rice i.e., bearing registration no. RJ-09-GD5340 was also released in favor of rightful order by the learned court below. It is further submitted that in view of all aforesaid factual submission, this FIR is fit to be quashed/set aside.

5. In aforesaid context, it is further submitted by Mr. Agrawal, learned senior counsel that from the perusal of various notifications as issued by the State Governmen