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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Criminal Revision No. 200 of 2015

•

State of Chhattisgarh, Through: The Collector, District Bilaspur (C.G.)

---- Applicant

Versus

•

Abhishek Sultania S/o Shri Pawan Sultania, Director- M/s. Sagar Rice Mill

Private Limited, Sirgitti, Bilaspur, District Bilaspur, Chhattisgarh

---- Non-Applicant

Criminal Revision No. 251 of 2015

•

State of Chhattisgarh, Through: The Collector, District Bilaspur (C.G.)

---- Applicant

Versus

•

Vishnu Agrawal, S/o Gorakhnath Agrawal, Proprietor – M/s Sharda Rice Mill,

Bilha, District Bilaspur (C.G.)

---- Non-Applicant

Criminal Revision No. 274 of 2015

•

State of Chhattisgarh, Through: The Collector, District Bilaspur (C.G.)

---- Applicant

Versus

•

Sunil Agrawal, Proprietor – M/s. Hanimini Rice Mill, Ratanpur, District –

Bilaspur (C.G.)

---- Non-Applicant

And

Criminal Revision No. 271 of 2015

•

State of Chhattisgarh, Through: The Collector, District Bilaspur (C.G.)

---- Applicant

Versus

•

Satish Kumar Agrawal, S/o.- Devraj Agrawal Proprietor – M/s. J.K. Foods,

Village – Khada, Tehsil – Masturi, District – Bilaspur (C.G.)

---- Non-Applicant

For Applicant/State

:

Shri Anand Verma,

Deputy Government Advocate

For Respective Non-Applicants

:

Shri Ankit Singhal, Shri S.K. Ratre,

and Shri Sanjay Agrawal

Advocates

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Hon’ble Shri Justice Gautam Chourdiya, J

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

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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