JUDGMENT :

1. Heard Mr. B.D. Konwar, learned Senior Counsel appearing for the petitioner/applicant, Mr. Vivek Singh as well as Mr. K.K. Das, learned Addl. P.P. appearing for the opposite party.

2. The respondent/applicant Sri. Vivek Singh has filed an application in connection with Criminal Revision Petition no. 453/2022 for vacation/modification of the interim order dated 12.09.2022 passed by a Coordinate Bench of this Court in the aforementioned Criminal Revision Petition No. 453/2022. It is also prayed that the aforementioned interim order may not be further extended. It is submitted that the applicant is the respondent in the Criminal Revision Petition no. 453/2022. He is the authorised Signatory and representative of M/s Continental Milkose (India) Ltd., which is a registered company under the Companies Act, 1956 (as amended) with its registered office in the State of Assam at Flat No. 5-D, Priyanka Apartment, Panbazar. Earlier the registered office was in Delhi.

3. It is submitted that the company is a well-established and well-reputed business house with manufacturing facilities at Greater Noida and is engaged in manufacturing and supply of Rice and Pulse based Micronutrient Fortified Energy Dense Food. The company also from time to time supplies and distributes food products in response to Government tenders.

4. The company purchases rice from various dealers and after processing the same, repackages it under the brand name ‘East Sunrise’ and supplies the same to Assam Rifles. The company had taken on rent a warehouse and utilities owned by one M/S Maruti Quality Products Pvt. Ltd. of Guwahati, which is situated at Industrial Growth Centre, (Chatabari Industrial Area) Chatabari, Chaygaon, in the district Kamrup. Rent agreement was executed on 13.01.2020 between M/S Maruti Quality Products Pvt. Ltd. (owner) and the company (Tenant), whereby the company has accepted and occupied the said warehouse for the purpose of storage and other activities related to food products, agreeing to pay a monthly rent of Rs. 8,00,000/-as well as agreeing to pay the cost of electricity, water supply, etc. That apart, the company has a subsisting independent agreement with the Social Welfare Department, Government of Meghalaya, under the Wheat Based Nutrition Program (WBNP) as well as the National Food Security Act, 2013 of the Social Welfare Department, Government of Meghalaya, Shillong for supply of Rice and Pulse based Micronutrient Fortified Energy Dense Food. The same is a subsisting contract having been extended vide Extension Contract No.W/SNP.5/2013/PLI/8973-77 dated 1st October, 2020.

5. The process of allocation is that every quarter, the Government of Meghalaya is allocated Rice by the Ministry of Women and Child Development under the Wheat Based Nutrition Programme (WBNP) and the National Food Security Act, 2013 by the Government of India, through the Food Corporation of India. A release order is issued in favour of the Company authorizing the company to lift the allocated quantity of rice from Food Corporation of India with a delivery/release date, failing which the allocated quantity would be forfeited/cancelled. The company is then required to lift the entire quantity of allocated rice within the stipulated period and transport the same to the final destination i.e., Greater Noida, at its own cost and use the same for manufacture of Rice and Pulse based Micronutrients Fortified energy Dense Food.

6. In the present case, the due process was scrupulously followed and the Government of Meghalaya issued a quarterly order/indent on March 23, 2021, for supply of Micronutrient Fortified Energy Dense Food. The Ministry of Women and Child Development issued an allocation of State-wise rice quota on May 06, 2021. The Government of Meghalaya allocated 3098 MTs of rice. On 20-05-2021, Government of Meghalaya authorized the Company’s representative Mr. Vivek Singh (applicant) to lift the rice and FCI issued the delivery/release orders bearing N