JUDGMENT :

Rajeev Singh, J.

1. Heard Shri Siddhartha Sinha, learned counsel for the petitioner and the learned A.G.A. for the State.

2. This petition has been filed seeking a writ of certiorari quashing the F.I.R. bearing Case Crime No. 646 of 2017 under Section 3/7 E.C. Act, P.S. Nanpara, District Bahraich.

3. Factual matrix of the case is that on the written complaint of Shri Vimal Kumar Gupta, Supply Inspector, the impugned F.I.R. has been registered. It is alleged in the F.I.R. that on the basis of information received, Sub Divisional Magistrate, Nanpara along with one Dinesh Kumar, Mandi Assistant and others reached at the go-down of M/s. Shikhar Deep Trading Company, Nanpara on 15th April, 2017 and during the course of inspection of the go-down, it was found that the boundaries of the go-down were not approved by the Mandi Samiti, Nanpara. Finding that a large number of sacks of rice having been kept in the go-down and at the time of inspection, no document relating to the food-grains could be produced by the proprietor, hence, on the suspicion, the said go-down was sealed. It is further alleged in the F.I.R. that on the basis of letter of S.D.M., Nanpara dated 16th April, 2017, a team was constituted under the supervision of Abhay Singh, Assistant Commissioner, Commerce Tax and was directed to prepare a detail report of the matter within three days. In the report of the said team dated 21st April, 2017, following irregularities were found:

4. On inspection of the first go-down situated at Rupaideeha road near Railway crossing, which is situated in the house of one Ramzan Khan, 13,414 sacks of rice (Upkar Brand), 5,241 sacks of rice (Bajrangi Brand), 25 kg. each, total weight of which would come to 4663.75 quintals were found. The Secretary of Mandi Committee informed the team that Committee does not have any information about the boundaries of the go-down. It is further alleged that when the second go-down was inspected, which was situated in the house of Smt. Roshan Jahan Mihipurwa road near sabzi mandi, Nanpara, 11529 sacks of non-basmati rice (Bajrangi Brand), 25 kg. each, total weight of which would come to 2882.25 quintals were found. Upon inspection of the third go-down, which was the office of M/s. Shikhardeep Trading Company situated in the house of Naushad Ali, Mihipurwa road, Bhaggapurwa, Nanpara, 18,742 sacks of non-basmati rice (Bajrangi Brand), 25 kg. each, total weight of which would come to 4685.50 quintals, 888 sacks of chana dal (Swad Brand), 30 kg. each, total weight of which would come to 226.40 quintals were found in the said go-down. It is further alleged that 16,700 empty sacks of 25 kg. of Upkar Brand and 3000 empty bags of S.D. Natural Sonam Steam rice brand have been found, whereupon it was mentioned to be packaged and marked by M/s. Krishna Traders, Pandey Bazar, Basi road, Basti. Further, 325 kg. of polythene bag along with one sewing machine and electric weighing machine were also recovered from there. It is also alleged therein that the abovementioned Brand, namely, Bajrangi and Upkar Brand belonged to Nepal. During the raid, the proprietor submitted that the order memo in regard to the said sacks will be provided to the inspection team. In the F.I.R., it is also alleged that during the inspection, certain sale invoices of purchase of from Bismillah Rice Mill were shown by the proprietor of the firm, in which, 680 sacks of 50 kg. each were shown to be purchased. It is further alleged that on inspection, the sacks found at the place of inspection were of 25 kg. each, meaning thereby, the petitioner was illegally repackaging the rice.

5. In view of aforesaid facts, on the allegations that the petitioner has contravened the provisions of para 4 of Uttar Pradesh Food-grains (Procurement and Regulation of Trade) Order, 1982 (hereinafter referred to as ‘Order, 1982’) and also para 3 of U.P. Food-grains (Restrictions on Border Movement) Order, 1971 (hereinafter referred to as ‘Order, 1971’), the impugned