Order on Board

08.12.2021

1. Heard.

2. The present revision petitions under Section 397/401 of Cr.P.C. have been filed by the State/applicant against the order dated 24.09.2014 passed by the Third Additional Sessions Judge, Bilaspur, District Bilaspur (C.G.) in different Criminal Appeals Number i.e. 88/2013; 87/2013; 242/2012 & 90/2013, whereby the Appellate Court has quashed the orders dated 24.01.2013, 17.01.2013, 06.08.2012 & 24.01.2013 passed by the Collector.

Hence, these revisions.

3. Facts of the case are that :

In Cr.Rev. No. 200 of 2015 :

On 31.01.2009 the official of the Food Department and the Revenue Department in presence of the Manager, Shankar Shah had done enquiry/inspection at M/s. Sagar Rice Mill, Sirgitti, Bilaspur, District Bilaspur. The inspection team found non-mention of price list in the Rice Mill Stock Board. The stock Register and sale register were not in possession of the Manager of the Rice Mill and as per stock and sale of the month of January, 2009 on 31.01.2009 in the firm the preliminary stock of paddy is 3372.82 quintal, rice preliminary stock is 800.4 quintal and kanki is 634.20 quintal. The inspection committee after physical verification of the stock of the Rice Mill found 550.50 quintal rice, paddy 3424.40 quintal and kanki 638 quintal and in fact excess stock was found as per the stock register viz rice 25.46 quintal, paddy 51.52 quintal and kanki 3.80 quintal. The Rice Mill further failed to submit the quarterly statement to the Collector, Food Section of Rice, Paddy and Kanki. The Inspection Committee further found that the records were not in particular format and thus the Collector after affording proper opportunity of hearing to the applicant vide its order dated 24.01.2014 passed in Food Case No. 20/2008-09 found that the non- applicant has violated the Rule 5 (1), (2) & (12) of the Chhattisgarh Rice Procurement (Levy) order, 2007 and as per Section 6 (A) of the Essential Commodities Act, 1955 directed for confiscation of 25.46 quintal rice, 51.52 quintal paddy and 3.80 quintal kanki in favour of the State.

In Cr.Rev. No. 251 of 2015:

On 12.06.2009 the officials of the Food Department and the Revenue Department in presence of Rajesh Agrawal (brother of Vishnu Agrawal -non- applicant), who in absence of Vishnu Agrawal took care of the Mill, had done enquiry/inspection at M/s. Sharda Rice Mill, Bilha, District Bilaspur and on the demand of inspection team, Rajesh Agrawal did not produce the records like stock register, bill book and other documents stating that all are in possession of Vishnu Agrawal. On the physical verification of the Rice Mill 66.35 quintal paddy, 20.00 quintal rice and 21.00 quintal kanki were found in stock. The rice, paddy and kanki are found in loose condition as well as in jute bags after weighment. During enquiry the price and stock list board was not found filled up in the Rice Mill and quarterly statement was also not sent to the Collector, Food Section of Rice, Paddy and Kanki. It is further found that the Rice Mill has not done the custom milling for the year 2008-2009. The Inspection Committee further found that the records were not in particular format and thus the Collector after affording proper opportunity of hearing to the non-applicant vide its order dated 17.01.2013 passed in Food Case No. 56/2008-09 found that the non-applicant has violated the Rule 5 (1), (2) & 12 of the Chhattigarh Rice Procurement (Levy) order, 2007 and as per Section 6 (A) of the Essential Commodities Act, 1955 directed for confiscation of 66.35 quintal paddy, 20.00 quintal rice and 21.00 quintal kanki in favour of the State.

In Cr.Rev. No. 274 of 2015 :

On 12.06.2009 the Department of Food and its Officials alongwith Department of Revenue rushed to M/s. Hanimini Rice Mill at Ratanpur for routine inspection. At the time of inspection, Proprietor of the said Rice Mill namely Sunil Agrawal was absent, in absence of the said proprietor, his Manager namely Lalit Agrawal of the said Mill wa