The judgment established that a violation of specific control orders under the Essential Commodities Act must be proven, and the seizure and confiscation of food grains must be justified by evidence of contravention.

JUDGMENT :

(Ram Manohar Narayan Mishra, J.)

1. Heard Sri Ankit Agarval, learned counsel for the revisionist, Sri Sameer Shanker, learned AGA-I for the State and perused the material placed on record.

2. Instant criminal revision has been preferred against the impugned judgement and order dated 29.9.2022, passed by Special Judge (E.C.) Act/Additional Session Judge, Court No.14, Bulandshahr in Criminal Appeal No.110 of 2022, Vishnu Kumar Saini vs. State of U.P., whereby the appeal filed against the order dated 21.5.2022, passed by Additional District Magistrate (Administration), Bulandshahr, in Case No.1667 of 2021, State of U.P. vs. M/s Gold Shan Bhog Aata Flour Mill (Proprietor Vishnu Kumar), under Section 6-A of Essential Commodities Act has been dismissed and impugned order passed by A.D.M. (Administration) has been affirmed.

3. The factual matrix of the case in brief are that the action in present case was initiated at the instance of Letter No.1155/Enforcement/2021 dated 23.7.2021 of District Supply Officer, Bulandshahr, in which he informed that on 21.6.2021, he led a raid alongwith Tehsildar (Judicial), Khurja, Sri Rakesh Kumar Sharma, Ashish Srivastava, Supply Inspector and Police Officials on directions of U.P. Zila Adhikhari, Khurja at 4:30 P.M. and found that illegal sell and purchase of food grains of Public Distribution System/Mid Day Meal was being carried out there. The Proprietor of said flour mill, Vishnu Kumar Saini and his brother Narendra Kumar Saini were found there, who produced the license of flour mill and documents relating to G.S.T. As many as 400 sacks were found in disarranged manner on the floor of said flour mill, which included 180 qunital wheat and 3 qunital rice kept in five sacks were also found. These sacks were tied by handmade thread. Apart from that, 6 sacks, the opening thereof was sealed by Government stitches were produced at the flour mill, at that time by Mrs. Neeraj Goswami, a Primary School Teacher, who could not give any plausible explanation for the same and stated that she had come there to return said wheat, as the wheat was allotted by the Government, under Mid Day Meal Scheme in lieu of ‘Atta’, borrowed by school from said flour mill.

4. Case under Section 3/7 of E.C. Act was registered against proprietor of Goldson Bhog Aata, Flour Mill namely, Vishnu Kumar Saini and his brother, as they failed to give any explanation of storing this huge amount of rice and wheat in the flour mill. As Mid Day Meal does not come within the purview of Public Distribution System, the departmental action was initiated by said school teacher. It was found that the Proprietor of flour mill was converting the nature of food grains of PDS system to earn unlawful gain and this was black marketing of food grains, which belongs to P.D.S. System. All the food grains which included five qunital of flour, 50 sacks of 12.50 quintal chokar, 180 quintal wheat, 3 quintal rice and Government stitched 6 sacks of wheat (3 quintal) brought by said school teacher found in flour mill were kept by Searching Officer in the flour mill and its doors were closed and sealed and security thereof was intrusted to S.H.O., concerned.

5. A notice under Section 6-B of E.C. Act was issued to proprietor of Floor Mill namely, Vishnu Kumar and his brother Naredhra Kumar Saini by Additional District Magistrate, (Administration), Bulandshahr on 28.7.2021. They appeared and filed their reply on 2.8.2021 before ADM (Administration), in which they have stated that they had not violated any control order or regulation issued under E.C. Act. The Supply Inspector has sealed their flour mill in illegal manner and all the food grains which were brought for grinding were kept inside the mill, which was sealed. Some food grains, supplied to school under Mid Day Meal were brought to the mill for grinding, but same was illegally detained and sealed due to which the opposite parties were facing much loss. They have moved an application for opening