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2021 Supreme(Cal) 596

AMRITA SINHA
Benimadhab Chatterjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Debabrata Saha Roy, Adv., Mr. Pingal Bhattacharyya, Adv., Mr. Subhankar Das, Adv., Mr. Neil Basu, Adv.
For the Respondent: Mr. Susovan Sengupta, Adv., Ms. Supriya Dubey, Adv.

JUDGMENT :

Amrita Sinha, J.

1. The petitioner is a licensed Fair Price Shop owner. He is aggrieved by the order dated 16th July, 2021 passed by the Director of Rationing, West Bengal whereby his license has been placed under suspension till disposal of the pending criminal case.

2. The brief facts of the case are as follows:

3. Rice and wheat grains under the Public Distribution Scheme were seized by the police authority when those were allegedly smuggled from the Fair Price Shop of the petitioner to a private shop on 25th April, 2020. FIR was lodged by the Food and Supplies Department before the Durgapur police station under the provisions of the Indian Penal Code and the Essential Commodities Act, 1955. The petitioner was arrested on the same day and his license was put under suspension. The ration cards of his Fair Price Shop were tagged with the nearest Fair Price Shop.

4. The petitioner was granted bail by the District Court on 11th May, 2020. After being enlarged on bail, the petitioner applied before the Licensing Authority i.e; the Rationing Officer praying for a direction to resume his business. By an order dated 24th June, 2020 the Rationing Officer terminated the license of t

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