Conviction under Section 409, IPC influences the validity of a retail license under the APDA Order, necessitating the licensing authority's decision on license cancellation or renewal following due legal provisions.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The present writ petition under Article 226 of the Constitution of India is preferred seeking inter alia setting aside of [i] an Order dated 22.02.2018; [ii] a Show Cause Notice dated 23.04.2018; and [iii] two other Orders dated 25.06.2018 and 10.07.2018. A further direction has also been sought for to direct the respondents to renew the retail license of the petitioner granted under the Assam Public Distribution of Articles [APDA] Order, 1982.

2. The petitioner has stated that he was granted the license under the Assam Public Distribution of Articles [APDA] Order, 1982 on 28.06.2012 by the Licensing Authority. On being granted the license, the petitioner carried on distribution of Public Distribution System [PDS] articles from his Fair Price Shop [FPS] located at Village – Mokrapara, K/Bhotgaon, Kokrajhar. The license was renewed from time to time and the last renewal was up to 31.03.2019.

3. On 12.02.2018, one First Information Report [FIR] came to be lodged by one Abdul Karim Paramanik, a resident of Mokrapara Village, before the Officer In-Charge, Kokrajhar Police Station alleging that on 10.02.2018, the petitioner was caught red-handed by the villagers while illegally selling around 10 litres of Kerosene from his Fair Price Shop [FPS]. The petitioner was also handed over to Police. On receipt of the FIR, the Officer In-Charge, Kokrajhar Police Station Case registered it as Kokrajhar Police Station Case no. 59/2018 under Section 7 of the Essential Commodities Act, 1955 [‘the EC Act’, for short] and initiated investigation. During the course of investigation, the petitioner was arrested and subsequently, he was released on bail.

4. After investigation, a charge-sheet under Section 173 [2] of the Code of Criminal Procedure, 1973 was laid finding a prima facie case to proceed against the petitioner for committing the offences under Sections 409 /419/411, Indian Penal Code [ IPC ]. On submission of the charge-sheet, a charge under Section 409 , was framed against the petitioner by the Court of the learned Sub- Divisional Judicial Magistrate [S], Kokrajhar [‘the Trial Court’, for short] in P.R. Case no. 212/2023.

5. Subsequently after registration of the FIR, the respondent no. 4 passed an Order on 22.02.2018 in reference to an Enquiry Report submitted by the Area Officer. By the Order dated 22.02.2018, the beneficiaries/consumers tagged with the Fair Price Shop [FPS] of the petitioner were transferred to another FPS dealer nearby in the interest of public and for the convenience of the beneficiaries/consumers until further order.

6. The Order dated 22.02.2018 was followed by the Show Cause Notice dated 23.04.2018. As per the Show Cause Notice, Enquiry Reports were submitted by an Inspector of Food, Civil Supplies & Consumer Affairs [FCS&CA], Kokrajhar on 21.02.2018 and 20.04.2018. From the Enquiry Reports, it was revealed that the petitioner failed to carry out the instructions laid down in the NFSA 2013 guidelines and the provision of PDS [Control] Order, 2001. Three allegations were made in the Show Cause Notice with a direction to the petitioner to submit his reply within a period of seven days therefrom. In response to the Show Cause Notice dated 23.04.2018, the petitioner submitted a reply on 02.05.2018 wherein the petitioner denied all the three allegations leveled against him in the Show Cause Notice.

7. On 08.05.2018, the respondent no. 4 p