Bombay High Court
Pawan Ramkisan Chandak vs The State Of Maharashtra on 17 February, 2020
Equivalent citations: AIRONLINE 2020 BOM 916
Author: T. V. Nalawade
Bench: T. V. Nalawade, M. G. Sewlikar
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63 Criminal Writ Petition 1293 of 2019.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL WRIT PETITION NO. 1293 OF 2019
Pawan Ramkisan Chandak,
Age: 31 years, Occupation - Agriculture,
R/o. Talkhed, Tq. Majalgaon, Dist. Beed. ... PETITIONER
VERSUS
1] The State of Maharashtra,
Through its Secretary,
Home Department,
Mantralaya, Mumbai.
2] The Superintendent of Police,
Beed, Dist. Beed.
3] Sub-Divisional Police Officer,
Majalgaon Sub-Division,
Majalgaon, Dist. Beed.
4] The Police Inspector,
Police Station Majalgaon (Rural),
Tq. Majalgaon, Dist. Beed. ... RESPONDENTS
...
Mr. S. J. Salunke, Advocate for Petitioner.
Mr. S. B. Narwade, APP for all Respondents.
...
WITH
CRIMINAL APPLICATION NO. 3960 OF 2019
IN
CRIMINAL WRIT PETITION NO. 1293 OF 2019
M/s. NSL Sugar Ltd.,
Company registered under the Companies Act,
Having its Registered Office at
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63 Criminal Writ Petition 1293 of 2019.odt
60/1,II Cross, Residency Road,
Bangalore- 560 025,
Jay Mahesh Unit, located at
Pawarwadi, Majalgaon, Beed District-431 131.
Maharashtra, Represented by its
Authorized Signatory
Shri Gopal Mandhane. ... APPLICANT
VERSUS
1] Pawan Ramkisan Chandak,
Age: 31 years, Occupation - Agriculture,
R/o. Talkhed, Taluka Majalgaon,
District Beed. ... Orig. Petitioner
2] The State of Maharashtra,
Through its Secretary,
Home Department,
Mantralaya, Mumbai-32.
3] The Superintendent of Police,
Beed, District - Beed.
4] Sub-Divisional Police Officer,
Majalgaon Sub-Division,
Majalgaon, District: Beed.
5] The Police Inspector,
Police Station Majalgaon (Rural),
Taluka Majalgaon, District Beed. ... RESPONDENTS
...
Mr. Aditya N. Sikchi, Advocate for Applicant.
Mr. S. J. Salunke, Advocate for Respondent No.1 (Original Petitioner)
Mr. S. B. Narwade, APP for Respondent Nos.2 to 5.
...
CORAM : T. V. NALAWADE &
M. G. SEWLIKAR, JJ.
DATE : 17th February, 2020.
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63 Criminal Writ Petition 1293 of 2019.odt
JUDGMENT:( Per T. V. Nalawade, J. ) . Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
2 The present criminal writ petition is filed for relief of direction against the Respondents to register the crime against the Chairman, Vice-Chairman etc. of NSL Sugar Limited, Majalgaon, for the offences of cheating, criminal breach of trust, misappropriation of amount etc. and also for the offences punishable under the Essential Commodities Act, 1955 by using Sugarcane (Control) Order, 1966. 3 In the complaint addressed to P.I. of Majalgaon Rural Police Station dated 23rd April, 2019 and the complaint sent to the Sub-Divisional Police Officer, Tahsil Majalgaon, the District Superintendent of Police, Beed and the District Collector, Beed, the allegations are made against the persons, who were managing the aforesaid sugar factory. This complaint application was given by some farmers of village Telgaon (Kh.), Tahsil Majalgaon. They have made allegations that even when they had supplied sugarcane to this factory for the crushing season 2018-19, the FRP (Fixed Reserved Price) in respect of sugarcane was not given to them within 14 days ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/03/2020 07:22:11 ::: 4 63 Criminal Writ Petition 1293 of 2019.odt and till the date of the complaint dated 23rd April, 2019, the bill in respect of sugarcane supply was not paid. It is contended that as per the Sugarcane (Control) Order, the amount needs to be paid within 14 days, but the amount was not given and that way the offence is committed by the Chairman, Director Board etc. of the sugar factory. Particulars of the sugarcane supply by these farmers are given. 4 The submissions made and record show that subsequent to filing of the present petition, inquiry was made with the concerned sugar factory by police and it was informed that the FRP was paid by the sugar factory after filing of this petition. This record shows that amount was paid in September, 2019. There are statements of farmers in the police papers showing that evasive answers were given to them when they had gone to collect money and even in respect of crushing season 2017-18 out of FRP, the amount of Rs.250/- per metric ton was not given. In respect of crushing season 2018-19, amount of Rs.1,000/- only was given after filing of complaint applications and the remaining amount was not given and when the report was prepared by police on 18th September, 2019, the amount due in respect of Petitioner was more than Rs.4,68,000/-. It appears that subsequently, the amount around Rs.4,67,000/- was disbursed in September, 2019. For crushing season 2018-19, now the list is ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/03/2020 07:22:11 ::: 5 63 Criminal Writ Petition 1293 of 2019.odt available in police papers of the farmers and the amount paid to them. 5 The learned counsel for Petitioner submitted that as per the Sugarcane (Control) Order, 1966, clause 3-A, the minimum price of sugarcane payable by the sugar factory needs to be paid within 14 days from the date of delivery of sugarcane to the factory. If the amount is not paid within 14 days, the factory is required to pay interest on the amount due at the rate of 15% per annum for the period of such delay beyond 14 days. In the present matter, admittedly, the price of sugarcane was not paid within 14 days from the date of supply of sugarcane and interest as mentioned in the aforesaid clause is not paid till today. It is not disputed that Sugarcane (Control) Order is covered by Section 3 of the Essential Commodities Act, 1955 and the breach of it is punishable under Section 7 of this special legislation.
6 It is unfortunate, but it is a fact that most of the factories from Maharashtra are not paying FRP. The farmers are at the mercy of sugar factories as they have no alternative than to supply sugarcane to the nearest sugar factory. This problem of the sugarcane growers is used by the persons in the management of the sugar factory and the farmers are virtually exploited. The FRP is ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/03/2020 07:22:11 ::: 6 63 Criminal Writ Petition 1293 of 2019.odt never paid within the aforesaid prescribed period and in many cases when for about one year the FRP is not paid and interest on the amount which was due after completion of 14 days mentioned above is never paid. Thus, one way the management uses the money of sugarcane growers. The farmers face all kinds of problems due to such late payment of FRP and non-payment of interest on the amount due. They cannot repay the loan taken from the banks and societies for cultivation purpose and due to their inability to make payment of previous loan, the banks and societies are not sanctioning the new loans for subsequent crop seasons to the farmers. Due to these circumstances, the incident of suicide of farmers have increased to alarming extent. Though, these circumstances are within the knowledge of Sugar Commissioner and all the concerned including the police, actions are not taken against the concerned. This is mainly due to circumstance that the factory owners or the persons managing factory are influential persons and most of them are in politics. In the present matter also, it can be said that the police station has tried to shirk the responsibility by submitting report that money of the farmers is now paid and the sugar factory has supplied an information that FRP is paid. On the basis of such police report or the payment of FRP, after so many months, the things cannot be closed. They need to learn lesson otherwise these things will be ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/03/2020 07:22:11 ::: 7 63 Criminal Writ Petition 1293 of 2019.odt repeated and this can be seen from the incidents of previous years. Though other offences like misappropriation etc. may not be used, the offence punishable under the Essential Commodities Act, 19055 is definitely committed. This kind of offence involves strict liability and so this Court holds that direction needs to be given to the concerned police station to register the crime on the basis of aforesaid complaint atleast for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 by using aforesaid Sugarcane (Control) Order, 1966. In the result, the following order is passed:
ORDER I. Criminal Writ Petition No.1293 of 2019 is allowed.
II. Relief is granted in terms of prayer clause (B) but to the extent of only the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 on the basis of Sugarcane (Control) Order, 1966 in respect of FRP.
III. Criminal Application No.3960 of 2019 stands disposed of.
IV. Rule is made absolute in those terms.
[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ]
ndm
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