1

Neutral Citation No. - 2023:AHC:217166

A.F.R.

Reserved On: 07.07.2023

Delivered On: 08.11.2023

Court No. - 50

Case :- CRIMINAL REVISION No. - 4752 of 2022

Revisionist :- Vishnu Kumar Saini

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Ankit Agarval

Counsel for Opposite Party :- G.A.

Hon'ble 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

2

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

3

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 Su