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1996 Supreme(P&H) 1647
PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Kapoor Singh
Versus
Punjab Agricultural Marketing Board, Chandigarh
Criminal Misc. No. 11299 of 1996,
Decided On : NOVEMBER 1, 1996
A producer who sells their own agricultural produce or the agricultural produce of their tenants on their behalf, or a person who purchases agricultural produce for their private use, is exempt from the requirement to obtain a license under the Punjab Agricultural Produce Markets Act, 1961.
Headnote:
PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961 - SECTIONS 6(3), 8, 10, 37 - PUNJAB AGRICULTURAL PRODUCE MARKETS (GENERAL) RULES, 1962 - RULE 39 - PRODUCER EXEMPTION - LICENSING REQUIREMENT - CONTINUING OFFENSE - LIMITATION - QUASHING OF COMPLAINT - COURT ANALYSIS AND CONCLUSION - APPLICABILITY OF SECTION 468 CR.P.C. - SCOPE OF SECTION 482 CR.P.C.
Fact of the Case:
M/s. Kapoor Cold Storage, a firm engaged in storing agricultural produce, challenged a complaint and summoning order issued against them for allegedly operating without a valid license under the Punjab Agricultural Produce Markets Act, 1961. The petitioner claimed to be an agriculturist preserving their own agricultural produce and thus exempt from the licensing requirement.
Finding of the Court:
The court held that the question of whether the petitioner was engaged solely in preserving their own agricultural produce and thus exempt from the licensing requirement was a question of fact to be determined by the Magistrate during the trial. The court further held that the complaint should not be quashed at the threshold and that the petitioner could produce evidence before the Magistrate to support their claim of exemption.
Issues: 1. Whether the petitioner, M/s. Kapoor Cold Storage, was required to obtain a license under the Punjab Agricultural Produce Markets Act, 1961, despite being an agriculturist preserving their own agricultural produce. 2. Whether the complaint against the petitioner was barred by limitation under Section 468 of the Code of Criminal Procedure.
Ratio Decidendi: 1. The court interpreted the provisions of Sections 6(3), 8, and 10 of the Punjab Agricultural Produce Markets Act, 1961, and Rule 39 of the Punjab Agricultural Produce Markets (General) Rules, 1962, to hold that a producer who sells their own agricultural produce or the agricultural produce of their tenants on their behalf, or a person who purchases agricultural produce for their private use, is exempt from the requirement to obtain a license. 2. The court held that the offense of operating without a valid license under the Act was a continuing offense and thus not subject to the limitation period prescribed under Section 468 of the Code of Criminal Procedure.
Final Decision: The court dismissed the petitioner's petition to quash the complaint and summoning order, holding that the question of whether the petitioner was exempt from the licensing requirement was a matter to be determined during the trial.
M.L.Singhal, J.
1. Through this Crl. Misc. Petition filed under Section 482 Cr.P.C. Kapoor Singh has prayed for the quashing of complaint Annexure P-2 and the order summoning them i.e. M/s. Kapoor Cold Storage, Old Hoshiarpur Road, Near Lamba Pind, P.O. Chogetti, Tehsil and District Jalandhar through Managing partner Shri Kapoor Singh.
2. Factual matrix of this criminal miscellaneous petition may be briefly noticed.
3. The Punjab Agricultural Marketing Board, Chandigarh through Secretary, Market Committee, Jalandhar instituted complaint Annexure P-2 in the Court of Chief Judicial Magistrate, Jalandhar against M/s. Kapoor Cold Storage, Old Hoshiarpur Road, Near Lamba Pind, PO Chogetti, Tehsil and District Jalandhar through Managing Partner Shri Kapoor Singh, (ii) Shri Kapoor Singh son of Shri Chanan Singh and others under Section 37 of the Punjab Agricultural Produce Markets Act, 1961 read with Rule 39 of the Punjab Agricultural Produce Markets (General) Rules, 1962 on the allegations that accused No. 1 is a firm carrying on business of storing of potatoes etc. at their cold storage situated at Old Hoshiarpur Road near Lamba Pind, Jalandhar. By virtue of the provisions contained in Sections 6, 7 and 8 of the aforesaid Act, the accused firm was required to apply for the licence for the business of agricultural produce. Accused No. 1 through its partners i.e. accused No. 2 and 4 applied for licence under the aforesaid Act and the Rules. Licence was granted to them vide No. 2198/JND/XO on 4.1.1985. Upto 31.3.1986, the licence remained in operation. By virtue of the terms and condition of the licence aforesaid and also by virtue of provisions of sections 10/13 read with rule 21, licence was required to be got renewed after the expiry of the period for which that licence was granted. Aforesaid licence was got renewed from time to time upto 31.3.1994 on the application of accused No. 1 and on payment of the requisite fee. After 31.3.1994, the aforesaid licence was not got renewed. Accused No. 1 was called upon to get that licence renewed vide letter dated 5.11.1994 but to no effect. Despite issuance of notices sent on 7.10.1995, 13.10.1995 and 27.10.1995, accused No. 1 did not get the licence renewed and continued carrying on business of storing of agricultural produce in their aforesaid cold storage. Carrying on business of storage of agricultural produce in their aforesaid cold storage despite the licence having not been got renewed, the accused committed offence as provided under Section 37 of the Punjab Agricultural Produce Markets Act, 1961 read with Rule 39 of the rules framed thereunder. Show cause notice was sent under registered cover to the firm as required by the rules framed under aforesaid Act. Still they failed to get the licence renewed.
4. Since this was a complaint instituted by the Punjab Agricultural Marketing Board through Secretary Market Committee, Jalandhar who is a public servant, Chief Judicial Magistrate, Jalandhar passed an order summoning the accused for trial.
5. Quashment of complaint Annexure P-2 and the summoning order Annexure P-4 is being claimed urging that he (petitioner) is an agriculturist engaged in the avocation of growing, rearing, producing and preserving agricultural produce mainly seed potato, from the agricultural lands owned by him, the members of his family and the lands taken on lease. He is managing cold storages at Jalandhar owned in partnership with the other members of his family who are in possession of the lands either as owners or as lessees. He is thus a "Producer" as defined under Section 2(O) of the Punjab Agricultural Produce Markets Act, 1961 . He was thus not required to obtain licence under the said Act. In the past licence was obtained on the suggestion of the Secretary, Market Committee, Jalandhar that if the obtains the licence, that licence would enable him to fetch better price for his agricultural produce. He obtained that licence and got it renewed for some
