# Vishnu Kumar Saini Revisionist v. State of U.P. & Ors

- **Citation:** (2024) 3 ILRA 130
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-11-08
- **Case number:** Criminal Revision No. 4752 of 2022
- **Bench:** Ram Manohar Narayan Mishra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/vishnu-kumar-saini-revisionist-v-state-of-u-p-ors-50938
- **Pages:** 6

## Headnote

Civil Law - Essential Commodities Act,
1955 - Sections 3, 6A, 6B & 7 - Uttar
Pradesh
Scheduled
Commodities
Distribution Order, 2004 - Uttar Pradesh
Essential Commodities (Regulation of Sale
and Distribution Control) Order, 2016 -
Confiscation of Food Grains - Revisional
Jurisdiction - Absence of Control Order
Violation - The revisionist, Vishnu Kumar Saini,
challenged the order dated 29.09.2022 by the
Special Judge (E.C. Act)/Additional Sessions
Judge, Bulandshahr, dismissing his appeal
against the confiscation order dated 21.05.2022
by the Additional District Magistrate (ADM),
which seized food grains (180 quintals wheat, 8
quintals rice, 2.5 quintals flour, 12.5 quintals
chokar, and 3 quintals wheat in governmentstitched sacks) from his flour mill under Section
6A of the Essential Commodities Act, alleging
black marketing of Public Distribution System
(PDS) and Mid Day Meal grains. The revisionist
argued no violation of any control order was
specified, the seized grains were not linked to
PDS or Mid Day Meal shortages, and a final
3 All. Vishnu Kumar Saini Vs. State of U.P. & Ors.
131
report
favoring
him
was
submitted
on
28.04.2023 in the related criminal case (Crime
No. 797 of 2021). The District Magistrate's order
dated 02.07.2022, pursuant to a prior writ
petition, found no control order violation and
released the flour mill. Held: The court, relying
on the District Magistrate's findings and
precedents like 1982 ACC 514 and 1992 (EF),
held
that
the
confiscation
order
was
unsustainable due to the lack of evidence
connecting the seized grains to PDS or Mid Day
Meal schemes and the absence of a specified
control order violation. The revision was
allowed, setting aside the impugned orders, and
the seized grains (except the 3 quintals in
government-stitched sacks) were ordered to be
released to the revisionist, subject to conditions,
or their sale proceeds if already auctioned.

## Text

130 INDIAN LAW REPORTS ALLAHABAD SERIES
there is clear contradiction in stand of the
informant and that of victim regarding
presence and participation of these three
accused namely, Raju, Guddu and Darpan
in the incident. There is no reason as to
why the victim had not stated anything
regarding presence of these three persons
on date, time and place of incident.
Therefore, the complicity of these three
accused persons in the alleged incident
appears highly doubtful. Accused persons
are said to have belonged to same family
and there is allegation of enmity in the FIR
itself between informant and accused
persons. The offence was not investigated
with regard to incident dated 4.5.2019,
which allegedly happened with husband
and son of the informant and present FIR
was lodged only with regard to incident
dated 2.6.2019. Therefore, learned court
below
has
rejected
the
discharge
application
moved
by
the
accused
revisionists
without
considering
the
apparent conflict between stand of the
victim and the informant in their statements
recorded during investigation. The court
below
while
dismissing
discharge
application
has
not
considered
the
observations made by this Court while
disposing off the Application U/S 482
Cr.P.C. as mentioned above. Seeking
discharge on cogent grounds is a valuable
right of the accused. Therefore, the revision
is liable to be allowed and impugned order,
whereby the discharge application moved
by the revisionists has been dismissed, is
liable to be set aside.

15. Accordingly, present criminal
revision stands allowed and the impugned
order dated 17.5.2022, passed by learned
trial court is set aside and the matter is
remitted to trial court with direction to hear
and decide the discharge applicable moved
by the revisionists afresh in the light of
observation made in present order, after
giving opportunity of hearing to both sides
and passed a reasoned and speaking order
based on material on record, in accordance
with law.
----------
(2024) 3 ILRA 130
REVISIONAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 08.11.2023
BEFORE

THE HON'BLE RAM MANOHAR NARAYAN
MISHRA, J.

Criminal Revision No. 4752 of 2022

Vishnu Kumar Saini ...Revisionist
Versus
State of U.P. & Ors. ...Opposite Parties

Counsel for the Revisionists:
Sri Ankit Agarval

Counsel for the Opposite Parties:
G.A.

Civil Law - Essential Commodities Act,
1955 - Sections 3, 6A, 6B & 7 - Uttar
Pradesh
Scheduled
Commodities
Distribution Order, 2004 - Uttar Pradesh
Essential Commodities (Regulation of Sale
and Distribution Control) Order, 2016 -
Confiscation of Food Grains - Revisional
Jurisdiction - Absence of Control Order
Violation - The revisionist, Vishnu Kumar Saini,
challenged the order dated 29.09.2022 by the
Special Judge (E.C. Act)/Additional Sessions
Judge, Bulandshahr, dismissing his appeal
against the confiscation order dated 21.05.2022
by the Additional District Magistrate (ADM),
which seized food grains (180 quintals wheat, 8
quintals rice, 2.5 quintals flour, 12.5 quintals
chokar, and 3 quintals wheat in governmentstitched sacks) from his flour mill under Section
6A of the Essential Commodities Act, alleging
black marketing of Public Distribution System
(PDS) and Mid Day Meal grains. The revisionist
argued no violation of any control order was
specified, the seized grains were not linked to
PDS or Mid Day Meal shortages, and a final
3 All. Vishnu Kumar Saini Vs. State of U.P. & Ors.
131
report
favoring
him
was
submitted
on
28.04.2023 in the related criminal case (Crime
No. 797 of 2021). The District Magistrate's order
dated 02.07.2022, pursuant to a prior writ
petition, found no control order violation and
released the flour mill. Held: The court, relying
on the District Magistrate's findings and
precedents like 1982 ACC 514 and 1992 (EF),
held
that
the
confiscation
order
was
unsustainable due to the lack of evidence
connecting the seized grains to PDS or Mid Day
Meal schemes and the absence of a specified
control order violation. The revision was
allowed, setting aside the impugned orders, and
the seized grains (except the 3 quintals in
government-stitched sacks) were ordered to be
released to the revisionist, subject to conditions,
or their sale proceeds if already auctioned.

(Delivered by 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 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
132 INDIAN LAW REPORTS ALLAHABAD SERIES
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
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 Supply Inspector has sealed their flour
mill in illegal manner and all the food
grains which were brought for grinding
were kept inside the mill, which was
sealed. Some food grains, supplied to
school under Mid Day Meal were brought
to the mill for grinding, but same was
illegally detained and sealed due to which
the opposite parties were facing much loss.
They have moved an application for
opening of the seal of their flour mill and
also filed application for release of the food
grains seized by District Supply Officer and
his team The statement of Supply Inspector
and Neeraj Goswami, the Head Master,
Primary School No.15 was recorded before
ADM.
The
opposite
party/revisionist
produced receipt of Mandi Samiti dated
15.6.2021 and bill of firm Kali Charan
Sanjiv Kumar dated 15.6.2021, which was
sent for verification of Sachiv, Mandi
Samiti. Mandi Samiti, in its report
informed that agricultural produce wheat
amounting Rs.57.60 quintal was sold to
M/s God Sambhog Mill, Khurja, at the rate
of Rs.22,00/- per quintal. However, online
form No.6 and 9 were not issued to firm
M/s Kali Charan Sajiv Kumar for entry of
wheat. The seized food grains were
inspected in presence of opposite party
Vishnu Kumar. A Criminal Case under 3/7
of E.C. Act was lodged against Vishnu
Kumar and his brother Narendra Kumar
Saini for hoarding food grains. However,
learned
ADM
(Administration)
vide
impugned
order
dated
21.5.2022,
confiscated the case property, which
consisted of 2.5 quintal flour (atta), 12.5
quintal chokar, 180 quintal wheat, 8 quintal
rice and 6 sacks consisting of 3 quintal
wheat brought by said school teacher in
favour of Government and District Supply
Officer, Bulandshahr was directed to get
the seal of flour mill opened and bring the
said food grains recovered therefrom to
auction. It is also directed that the sale
proceeds
were
deposited
in
State
Exchequer, which will be subject to final
order by the competent Court in Case
Crime No.797 of 2021.

6. Feeling aggrieved by the said
confiscation order, the revisionist, who is
proprietor of said flour mill preferred a
Criminal Appeal No.110 of 2022 before the
Court of Session, which was dismissed vide
order dated 29.9.2022 by learned Special
Judge (E.C.) Act/Additional Session Judge,
Court
No.14,
Bulandshahr.
Learned
appellate court has found no factual or legal
error in impugned order and affirmed the
impugned order.

7. Learned counsel for the revisionist
submitted that the learned courts below
have rejected his release application in
3 All. Vishnu Kumar Saini Vs. State of U.P. & Ors.
133
illegal manner. This fact is not established
that the seized food grains from flour mill
operated by the revisionist were part of
Public Distribution System. Therefore, no
case under Section 3/7 of E.C. Act is made
out. The revisionist was made accused in
criminal case registered under Section 3/7
of E.C. Act, vide Crime No.797 of 2021,
wherein he is enlarged on anticipatory bail
by orders of this Court dated 4.1.2022,
passed in Criminal Misc. Anticipatory Bail
Application U/S 433 Cr.P.C. No.13861 of
2021, till submission of police report. In
show cause notice issued under Section 6-B
of EC Act, learned ADM failed to specify
as to which particular provision of U.P.
Scheduled
Commodities
Distribution
Order,
2004
and
U.P.
Essential
Commodities (Regulation of sale and
distribution control) Order, 2016 has been
violated by the revisionist, hence, the case
of the revisionist is covered by the decision
laid down in 1982 ACC 514 and 1992 (EF),
in which this court held that the show cause
noticed issued under Section 6-B of EC Act
must state the grounds under which the
confiscation is intended to be made. The
revisionist used to purchase food grains
from shop keepers and sell the same to the
customers. A true copy of the bill issued in
favour of the revisionist has been filed as
Anenxure No.7 of the affidavit. Without
specifying the breach of particular control
order
issued
by
State
or
Central
Government, no proceeding under Section
3/7 of E.C. Act, can be launched against a
person. The opposite party has failed to
connect the alleged recovered food grains
to any ration dealer or any Government
godown as nobody can obtain food grains
except the ration dealer or godown owners.
No ration dealer has reported any case of
theft with regard to said food grains. Even,
no report has been lodged at the instance of
school regarding shortage of grains allotted
under Mid Day Meal. There is no evidence
against the revisionist in respect of the
allegations of black marketing. In fact the
alleged food grains belongs to revisionist
and same is liable to be released in his
favour. He lastly submitted that a copy of
final/closure
report
filed
by
the
Investigating Officer of concerned criminal
case registered vide Crime No.797 of 2021,
under Section 3/7 registered against the
revisionist in which final report has been
filed in favour of the revisionist on
28.4.2023 and no offence has been made
out in respect of seized food grains.
Therefore, due to subsequent developments
also,
the
impugned
orders
are
not
sustainable and the seized food grains are
liable to be released in favour of the
revisionist.

8. Per contra, learned AGA-I
submitted that the detailed objections are
filed by way of counter affidavit dated
20.4.2023 by Sub Inspector of Police. A
huge quantity of food grains were seized
from flour mill of the revisionist and he
could not give plausible explanation for
restoring the same, in the mill in
disarranged
manner.
The
impugned
confiscation order passed by ADM is
just, proper and in accordance with
the provisions of law. However, he did
not deny the fact that the revisionist is
a proprietor of firm registered in the
name of M/s Goldson Bhog Aatta and
a license and GST was issued to the
firm by the Government. He also
could not deny the fact that a final
report has been filed in favour of the
revisionist
by
the
Investigating
Agency
with
finding
that
during
investigation,
sufficient
evidence
could not be found against the accused
persons, namely, Vishnu Kumar Saini
and Narendra Kumar Saini.
134 INDIAN LAW REPORTS ALLAHABAD SERIES

9. From perusal of record, it appears
that the revisionist filed a Writ C No.6421
of 2022 (Vishnu Kumar vs. State of U.P.
and 2 others), before this court against
sealing order of his flour mill by the
Government and officials wherein, this
court directed the respondent No.3 to file a
copy of control order which has been
allegedly violated by the petitioners and
also to disclose the evidence as to how
goods found lying in the petitioner's flour
mill have been linked with the food grains
under the Mid Day Meal Scheme. In case
the goods reserve for Mid Day Meal has
been diverted to the revisionist's flour mill,
there has to be some complaint or evidence
from relevant quarter that the goods which
are supplied under Mid Day Meal were
short form or have been stolen. This is
specific case of the petitioners that neither
any ration dealer or other persons has
reported shortage of food grains reserved
under the Mid Day Meal Scheme. The
respondent No.3 was also directed to revisit the matter, if he finds the said aspects
were not considered earlier. In compliance
of above order of this Court, the District
Magistrate,
Bulandshahr
revisited
the
matter and gave a finding that on perusal of
record, no control order issued by the
Government consisting the present matter
was found. The matter does not come
within the purview of Uttar Pradesh
Essential
Commodities
(Sale
and
Distribution Control Regulation) Order,
2016 because this regulation covers only
those
food
grains
and
essential
commodities, which comes within the
purview of PDS System and this is issued
to maintain proper distribution of food
grains
amongst
eligible
rashan
card
holders. The Supply Inspector has also
accepted that the food grains under Mid
Day Meal are not covered within the public
distribution system under E.C. Act. No
evidence was found on record which could
suggest that the food grains found in flour
mill were same food grains which are
allotted to fair price shops or under Mid
Day Meal Scheme. This fact has also not
emerged during investigation that the food
grains seized from the flour mill of the
petitioners were found to be stolen from
any person or institution or some shortfall
was found in food grains supplied to any
such person or institution. The learned
District Magistrate observed that as no
violation of any control order was found on
the part of the petitioners, therefore, there is
no action to continue sealing of his flour
mill and thus, action of Supply Inspector
Ashish Srivastava whereby, the flour mill
of the petitioner is seized is set aside and
said flour mill is released under occupation
of the petitioners.

10. In the light of above findings and
order of District Magistrate dated 2.7.2022
as well as other material available on
record, this is obvious that no violation of
any food control order has been found
in the matter. The said food grains,
although, in large quantity are found in
the premises of the revisionist out of
which 6 sacks, each weighing 50 kgs,
having 3 quintals wheat were found to
be brought by a primary school teacher
Mrs. Neeraj Goswami, which was
stitched by government seal. Many
aspects of the case are already clarified
in aforesaid order of District Magistrate
dated 2.7.2022 whereby the sealing
order of the premises of flour mill,
owned and operated by the revisionist
was set aside and the premises are
released in favour fo the revisionist.
The documents filed by the revisionist
before the courts below in respect of his
claim over seized good grains have not
been
duly
considered.
3 All. Smt. Kamlesh Vs. State of U.P. & Ors.
135

11. I have gone through the Uttar
Pradesh
Scheduled
Commodities
Distribution Order, 2004 as well as Uttar
Pradesh
Essential
Commodities
(Regulation of Sale and Distribution
Control), Order 2016, paragraph No.22 of
Uttar Pradesh Scheduled Commodities
Distribution Order, 2004 give power of
entry, search and seizure etc to the Food
Officer, competent authority, Senior Supply
Inspector or Supply Inspector to enter,
inspect or break open and search any place
or premises, vehicle or vessel, in which he
has reason to belief that any contravention
of the provisions of this order has been or is
being or is about to be made. He can seize
any scheduled commodities, if he is
satisfied that there has been contravention
of this order. Learned AGA could not point
out any contravention of this distribution
order, 2004 and learned District Magistrate
in order dated 2.7.2022 has categorically
stated that the matter does not comes within
the purview of this control order, 2016.
Therefore, the confiscation and auction of
seized food grains has lost its significance
in view of subsequent developments as the
Investigating Agency has submitted closure
report in criminal case lodged against the
revisionist in respect of seized food grains
under Section 3/7 of E.C. Act. Therefore,
the impugned orders passed by the learned
courts below are not sustainable in view of
foregoing discussion and the same is liable
to be set aside.

12. Accordingly, present criminal
revision stands allowed.

13. The competent authority/ADM
(Administration), Bulandshahr is directed
to release the seized food grains in present
matter from flour mill of the revisionist
(barring 6 stitched sacks containing 3
quintal wheat allegedly allotted to the
Government
Primary
School
and
brought
by
teacher
Mrs.
Neeraj
Goswami at the mill at the time of search
and seizure) after taking a personal bond
and one surety from the revisionist of the
market value of said seized food grains
with undertaking to produce the same or its
equivalent price before the court as and
when required and in case the auction has
been already carried out, the sale proceeds
will be released in favour of the revisionist,
subject to final judgement/order of the
court concerned in the matter.

14. Let copy of this order be
forwarded
to
District
Magistrate,
Bulandshahr for compliance and necessary
action.
----------
(2024) 3 ILRA 135
REVISIONAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 28.02.2024
BEFORE

THE HON'BLE SURENDRA SINGH-I, J.

Criminal Revision No. 4944 of 2022

Smt. Kamlesh ...Revisionist
Versus
State of U.P. & Ors. ...Opposite Parties

Counsel for the Revisionist:
Sri Gireesh Chandra Dwivedi, Sri Puneet
Kumar Verma, Sri Sanjay Tiwari

Counsel for the Opposite Parties:
G.A., Sri Puneet Kumar Verma

Criminal
Law
-
Code
of
Criminal
Procedure, 1973
-
Section 156(3)
-
Application
for
Investigation
-
Revisionist
challenged the order dated 27.09.2022 by Chief
Judicial Magistrate, Firozabad, dismissing her
application under Section 156(3) Cr.P.C. for
investigation into the alleged murder of her
daughter, Madhuri, by her husband, Yogendra,