The failure of the authority to respond to renewal applications and the lack of conclusive evidence influenced the court's decision not to quash the proceeding.

JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioner seeking quashing of proceeding being GR case No. 531 of 2017 arising out of Raina P.S. Case No. 38 of 2017 dated 17.02.2017 under Section 19 of West Bengal Cold Storage (License and Regulation) Act, 1966 (hereinafter referred to as ‘the said Act’) read with Section 4Q of the Cold Storage (License and Regulation) Rule, 1967 pending before the Learned Court of the Chief Judicial Magistrate, Burdwan by filing this revisional application.

2. The essential facts of the case are relevant for the disposal as hereunder:

On 17th February, 2017, the Asst. Director of agricultural marketing (administrative), Burdwan lodged a written complaint alleging, inter alia, that directors of M/S Prathana Food Processing Private Limited having its office at Badsahi Road, Bolpur, Machkhanda, Burdwan, violated the provision of Section 19 of the West Bengal Cold Storage (License and Regulation) Act, 1966 read with Section 4Q of Cold Storage (License and Regulation) Rule, 1967 and carrying on business of storing of Potatoes without a valid licence resulting in registration of Raina Police Station Case No. 38 of 2017 dated 17th February, 2017 under Section 19 of the West Bengal Cold Storage (License and Regulation) Act, 1966 read with Section 4Q of the Cold Storage (License and Regulation) Rule, 1967 though the contention of the petitioner is that carrying on business of storing of potato since 2008 having valid licence No. 700 dated 15th January, 2008 and, thereafter, several occasions the said licence was renewed from time to time by the competent authority as such there is no question arises for any violation of provision of law. Under the above circumstances, the present application has come up before this Bench for quashing of the proceeding as it is abuse of process of law.

3. Learned Advocate appearing on behalf of the petitioner submitted that on 14th March, 2014, the petitioner applied for further renewal of licence of the cold storage from 5th January, 2013 to 14th January, 2014 with licence fee of Rs. 200/-. Subsequently, the authority directed the petitioner to submit documents regarding renewal process. As per requirement, petitioner has submitted the required documents but no licence has been issued by the competent authority. The petitioner further applied for cold storage licence on 11th August, 2014 after paying the renewal fees of Rs. 200/= and, thereafter, time to time the petitioner has applied for the renewal of licence after paying fees of Rs. 200/= through challans for subsequent years.

4. It is further submitted that Vide memo No. 1116 (121)/CS/2016 dated, Burdwan, 9th December, 2016 informed all the cold storage licensees including the petitioner that in pursuance of notice being memo No. 3870/1 (20), dated 25th of November, 2016 issued by the director-in-charge, agricultural marketing, West Bengal and licensing officer, loading of potatoes to the cold storage for the season 2017 shall not be allowed before 1st March, 2017 as per stipulation of Schedule [vide rule 4 (g)] with a view to avoid entry of immature potatoes in the cold storage.

5. It is further submitted that the petitioner’s company never loaded any potato in the cold storage prior to 1st of March, 2017 for the season 2017. Despite of the said facts, the Assistant Director of Agricultural Marketing (Administrative), Burdwan lodged a false complaint before the Raina police station without proper verification as such same is totally illegal, bad in law and abuse of process of law, which requires quashing of the proceeding pending before the Learned Chief judicial Magistrate to secure the end of justice.

6. On the other hand, the learned counsel appearing on behalf of the State vehemently opposed the prayer and further submitted that licence was not renewed due to his own fault. Furthermore, the petitioner’s company loaded the potatoes to the cold storage prior to 1st March, 2017 despite of restriction. Consequently, competent a