IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE WRIT PETITION No.16505 of 2021 Between:-

RAVI SAHU, S/O SHRI JAIKISHAN SAHU, AGE 26 YEARS, OCCUPATION: BUSINESS, R/O LATERI, DISTRICT VIDISHA (MADHYA PRADESH)

…..PETITIONER (BY SHRI SANJAY BAHIRANI - ADVOCATE )

AND

1. STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY, FOOD & CIVIL SUPPLY CUM CONSUMER PROTECTION DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. COLLECTOR, DISTRIT VIDISHA.

3. ADDITIONAL COLLECTOR, DISTRICT VIDISHA.

4. TOWN INSPECTOR, POLICE STATION LATERI, DISTRICT VIDISHA (MADHYA PRADESH)

…..RESPONDENTS (BY SHRI NEELESH TOMAR – GOVT. ADOVCATE)

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Reserved on 30/09/2022 Delivered on 9/11/2022 --------------------------------------------------------------------------------

This petition coming on for admission this day, the court passed the following:

ORDER

(1) This writ petition under Article 226 of the Constitution of India is preferred against the order dated 27/08/2021 passed by Additional Collector, Vidisha, in Case no.22/S-146/2021-22, whereby the application for releasing the seized 366.30 quintals of rice was rejected on the ground that the rice so seized was of Public Distribution System and since a criminal case had been registered u/s 3 read with section 7 of the Essential Commodities Act, 1955, Police investigation is going on in that regard and final decision thereof is to be taken by the Sessions Court, the seized rice could not released (2) Brief facts of the case are that an information was received from an informant by S.H.O., Lateri that one truck no. MP-09-HJ- 5259 would be passing from Lateri, carrying rice meant for Public Distribution System. On the said information, a raid was conducted and the said truck was apprehended and brought to the Police Station. An information was send to the S.D.O., who directed Nayab Tehsildar Rameshwar Dangi and Junior officer Civil Supplies Smt. Asmita Gupta to get the quality of the bags of rice verified, as to whether the rice belongs to Public Distribution System (in short “PDS”) or not. Samples were send to Incharge, M.P. State Civil Supply Corporation, who submitted a report that seized rice has no relation with PDS.

(3) Thereafter, the inspection of the petitioners firm was also carried out and during inspection 55.40 quintal of rice found lying with petitioner, which was also seized and given in custody of P.S. Lateri. One representation dated 07/07/2021 was then forwarded by the Junior Officer, Civil Supplies, Lateri to the Collector that the report submitted by the Incharge, Madhya Pradesh State Civil Supplies Corporation was given with regard to the bags only on the basis that bags in which the rice was packed were of different weights, were not having the Miller’s tag on it and they were not machine stitched, therefore, it indicates that they are not of PDS and therefore, the report of Incharge, M.P. State Civil Supply Corporation is not clear and is ambiguous. Also, since the bags were torn, there is every apprehension that they could be changed, coupled with the fact that the seller Ganesh Rice Mill, Shivpuri had even not received the payment for the same from the petitioner, which creates doubt and since the act of the petitioner comes within the purview of section 3 read with section 7 of the Essential Commodities Act, necessary action is required to be taken.

(4) On the basis of the said representation a show cause notice dated 13/07/2021 was issued to the petitioner for showing cause as to why the seized rice should not be legally confiscated and why police action may not be taken against him?, as the provisions of section 3/7 of Essential Commodities Act are attracted.

(5) A reply was filed by the petitioner on 20/07/2021 and all the allegations levelled against him were denied. It was submitted that the rice was purchased from Ganesh Rice Mill, Shivpuri and after its cleani