Allahabad High Court
Nadeem Akhter vs State Of U.P. And 3 Others on 2 December, 2022
Bench: Mahesh Chandra Tripathi, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 18452 of 2022 Petitioner :- Nadeem Akhter Respondent :- State Of U.P. and 3 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Raj Kishor Mishra, Advocate holding brief of Shri Sunil Kumar, learned counsel for the petitioner and learned A.G.A. for the State respondents.
Present writ petition is preferred seeking following reliefs:-
"(a) pleased to issue appropriate order, writ, rule or direction in the nature of mandamus commanding and directing the respondent nos.2 and 3 to comply with the order dated 13.09.2022 passed by Additional Session Judge/Special Judge (E.C. Act), Meerut in Misc. Appeal No.94 of 2022 (Nadeem Akhtar vs. State of UP) under Section 6-C of Essential Commodities Act, 1955, Police Station Kankarkhera, District Meerut (Annexure No.8 to the writ petition) and forthwith release the 180 quintal rice of the petitioner seized by police on 14.12.2020 in connection with Case Crime No.1181 of 2020 under Section 3/7 of Essential Commodities Act, Police Station Kankarkhera, District Meerut and forfeit by the respondent no.3 in exercise of its power under Section 6A of Essential Commodities Act in Case No.0062 of 2021 (Computer Case No.D202111520000062) (arising out of Case Crime No.1181 of 2020) State vs. Aas Mohammad and others under Section 6A of Essential Commodities Act, 1955, Police Station Kankarkhera, District Meerut without sureties or with sureties other than cash and bank guarantee without fail. So the justice be done.
(b) pleased to issue appropriate order, writ, rule or direction in the nature of quo-warranto calling upon him to explain that under which authority of law he is still keeping custody of the petitioner's 180 quintal rice with him despite of the order dated 13.09.2022 passed by Additional Session Judge/Special Judge (E.C. Act) Meerut in Misc. Appeal No.94 of 2022 (Nadeem Akhtar vs. State of UP) under Section 6-C of Essential Commodities Act, 1955, Police Station Kankarkhera, District Meerut and further be pleased to punish him for his willful and deliberate conduct of non-compliance of the Court's order."
Shri Raj Kishor Mishra,learned counsel for the petitioner submits that petitioner' firm namely M/s Nadeem Akhtar is engaged in the business of trading/selling of foodgrains since long time and as a wholesaler, the petitioner's firm has requisite license from the Mandi Samiti concerned. The petitioner's firm sold 180 quintal rice to M/s Sri Manohar Muni Trading Company, New Green Market, Karnal, Haryana and the same was being transported in Truck No.UP-23-T-1919 alongwith all genuine requisite documents but the respondent no.4 had illegally stopped the truck in question on 14.12.2020 and seized the truck and the commodity in question on the ground that it was being illegally transported without any valid document by the transporter. Thereafter, she has lodged the impugned FIR against the driver and conductor on 15.12.2020. The owner of the said truck has moved an application before the Additional Chief Judicial Magistrate, Meerut on 14.6.2021 for release of his truck. Finally, the Additional Chief Judicial Magistrate, Meerut vide order dated 08.9.2021 was pleased to allow the aforesaid release application. After investigation the police has submitted his report dated 19.2.2021 specifically stating that in the present case, no offence is committed by any one and the documents are found genuine. The entire rice belongs to M/s Buland Akhtar Nadeem Akhtar and accordingly, the final report has been prepared in the case and placed before the respondent no.2 for sanction/approval. Earlier the petitioner has also filed Writ C No.16310 of 2021 (Nadeem Akhter vs. State of UP and another) and the Division Bench had proceeded to dispose of the writ petition on 14.9.2021 with following observations:-
"Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The sole prayer made in the instant petition is for a direction to respondent 2 Additional District Magistrate (Administration), Meerut to decide the application of the petitioner for release of goods filed under Section 6-A of the Essential Commodities Act, 1955, within shortest possible time.
Supply Department had seized a truck loaded with rice under apprehension that the rice was being transported in violation of the provisions of Control Orders issued under the Act. A FIR was lodged in that connection on 15.12.2020. The rice that was loaded on the truck, belongs to the petitioner. He has filed an application for its release before the second respondent and the said application is stated to be pending. Since it has not been disposed of so far, therefore the instant petition has been filed.
Learned Standing Counsel very fairly submitted that he has no objection in case direction is issued for disposal of the release application.
Accordingly, the instant petition is disposed of with direction to respondent 2 to decide the application of the petitioner for release of goods, expeditiously, preferably within a period of six weeks from the date of receipt of a true attested copy of the instant order."
It is submitted that the petitioner has filed a certified copy of the said order dated 14.9.2021 in Case No.D-202111520000062 (State vs. Aas Mohammad and others) under Section 6-A of Essential Commodities Act pending before Additional District Magistrate (Finance), Meerut on 15.9.2021. By the impugned order dated 08.6.2022 the respondent no.2 has in most arbitrary manner confiscated the entire rice and the vehicle in question. The aforesaid order dated 08.6.2022 was assailed by the petitioner in Criminal Misc. Writ Petition No.8666 of 2022 and the same was dismissed by the Division Bench vide order dated 08.7.2022 on the ground that against the order dated 8.6.2022 the petitioner has statutory alternative remedy of preferring an appeal under Section 6C of Essential Commodities Act. In compliance thereof, the petitioner has filed Misc. Appeal No.94 of 2020 before the Sessions Court, Meerut against the order dated 8.6.2022 and the same was finally allowed vide order dated 13.9.2022 passed by Additional Session Judge/Special Judge (E.C. Act), Meerut. The matter was remitted back to the Court of respondent no.3 alongwith the record of the police. The aforesaid order has not been challenged till date and for all practical purpose the same has attained finality. It is submitted that the respondent nos.2 and 3 in most arbitrary manner has not complied with the order dated 13.9.2022 till date and inspite of the categorical order they have not ensured the release of the rice of the petitioner seized by the police on 14.12.2020.
No useful purpose would be served in keeping the writ petition pending.
Considering the facts and circumstances, without expressing any opinion on the merits of the issue and with the consent, this writ petition is disposed of finally with a direction to the respondent nos.2 and 3 to decide the petitioner's representation dated 29.9.2022, which is appended as Annexure No.9 to the writ petition, strictly in accordance with law within a period of ten days from the date of production of a certified copy of this order before him.
Let a copy of the order be given to Shri Sri Narain Mishra, learned A.G.A. for compliance.
Order Date :- 2.12.2022 RKP