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Court Upholds FIR Against Fair Price Shop Operators for Embezzlement

Background

In a significant ruling, the High Court addressed a petition filed under Article 226 of the Constitution of India, challenging the orders related to the suspension of a Fair Price Shop (FPS) license and the registration of a First Information Report (FIR) against its operators. The petitioners, Shivam Vaishnav and Amarjeet Singh , were accused of embezzling foodgrains worth over ₹12 lakh from the Government Fair Price Shop in Lidhorahat, District Sagar.

Arguments

The petitioners contended that the inquiry conducted by the authorities was flawed and that they were not given a fair opportunity to present their case before the FIR was registered. They argued that the provisions of the Public Distribution System (PDS) Control Order, 2015, required a show cause notice to be issued within ten days of suspension, which was not adhered to. Conversely, the State's counsel argued that the physical verification of the shop revealed significant shortages of foodgrains, justifying the FIR and the suspension of the shop's license.

Court's Analysis and Reasoning

The court analyzed the arguments presented by both parties, emphasizing that the physical inspection conducted in the presence of the petitioners confirmed the embezzlement of foodgrains. It noted that the provisions of the IPC apply to such cases of embezzlement, and the petitioners do not have a right to a pre-audience before the registration of an FIR. The court referenced previous Supreme Court rulings that established the principle that the accused do not have a say in the investigation process.

Decision

Ultimately, the court dismissed the petition, upholding the FIR against the petitioners and confirming the suspension of their FPS license. The court mandated that the SDO (Revenue) issue a show cause notice regarding the suspension and decide the matter within three months. This ruling reinforces the legal framework surrounding the operation of Fair Price Shops and the accountability of their operators in ensuring the distribution of essential commodities to the public.