The timing of entries in the stock register and the explanation for excess goods are crucial in determining violations of licensing conditions and confiscation of goods.

L. C. Bhadoo, J.

1. The accused/applicant has preferred this criminal revision under section 397 read with 401 of the Code of Criminal Procedure being aggrieved by the order dated 19th February, 2003 passed by the learned Sessions Judge, Raigarh in Criminal Appeal No. 49/2000, arising out of the order dated 3rd December, 1999 passed by the Collector and Licensing Authority, Raigarh in Food Case No. 4/99 by which learned collector exercising the powers conferred on him under Section 6(ka) of the Madhya Pradesh Essential Commodities Act, 1955 confiscated 101.11 quintal seized paddy in favour of the State, on the ground that there was violation of conditions No.3 and 4 of the licence which was issued under Rule 8 of the Anusuchit Vastu Vyapari (Anugyapan Tatha Jamakhori per Nirbandhan) Aadesh, 1991.

2. The relevant facts for the disposal of this criminal revision are that on 6th January, 1999 Shri Manoj Tripathi, Food Inspector, Kharasia along with Shri P.N. Mishra, Assistant Food Inspector inspected the premises of M/s Krishna Rice Industries Kharasia. At the time of inspection Suresh Kumar Agarwal, son of the proprietor of the firm namely Satyanarayan Agarwal was found in the premises, who was conducting the business in the firm. The inspection was made in presence of the independent witnesses after taking declaration from the son of the proprietor of the firm. During the inspection of the stock register following entries were found to have been made as on 4-1-1999 those are :- 1121.39 quintal paddy, 1237.71 rice, and 21.15 quintal kanki (small pieces of rice). On physical verification of the premises of the firm following food grains stock was found i.e. 1312.50 quintal paddy, 1046.00 quintal rice, and 2150.00 quintal kanki (small pieces of rice).

3. There were also entries in the stock register to the effect that on 41-1999 -- 80.75 quintal, on 6-1-1999 - 111.15 quintal i.e. total 191.90 quintal paddy was given to the Food Corporation of India towards levy by the firm. Thereby on the inspection of the stock register and in the physical inspection of the firm there were difference of 191.11 quintal paddy, 19 k.g. rice and 35 k.g. kanki (small pieces of rice).

4. The son of the proprietor was failed to produce the licence at the time of inspection. Then the excess paddy of 191.11 quintal was seized and was handed over on supurdnama to Suresh Kumar Agarwal. Accordingly the proprietor and his son were found liable for violation of the conditions No.3 and 4 of the Licence which was issued under Rule 8 of the Madhya Pradesh Anusuchit Vastu Vyapari (Anugyapan Tatha lamakhori Per Nirbandh) Order, 1991, which is punishable under section 3(7) of the Essential Commodities Act.

5. After receiving the report from the Food Inspector a show cause notice was issued to Suresh Agarwal on 8-1-1999. He submitted his reply on 16-3-1999 taking the plea that he has no connection with the affairs of the firm Krishna Rice Industries and its business is being conducted by the proprietor Satyanarayan Agarwal, stock register, bill-book and accounts are maintained by him, who was not present at the time of inspection of the firm. It was further replied that on 6-1-1999 proprietor of the firm had purchased 200 quintal paddy from the Krishi Upaj Mandi, Kharasia and the entries of daily business were being made in the night at the time of closing of the business. The Inspector had inspected the premises of the firm without calling the proprietor of the firm and arbitrarily shown 191.11 quintal paddy as excess and submitted the report.

6. On the opportunity being given by the Collector to the applicant for adducing evidence, the applicant/proprietor of the firm examined himself, his son S mesh Kumar and one Kamal Shanna, who stated that on 6-1-1999 in his presence the applicant/proprietor purchased 200 quintal paddy from Krishi Upaj Mandi and sent to the mill and the papers were with him.

7. After hearing the parties learned Collector passed the order on 3-1