1061/29 Food 5 dated 31.3.1981 F.I.R. was lodged at S. Saiyan in respect of the above companytravention.
Notice under s. 6B of the EC Act was issued to the Ps who were driving the trucks at the time of search and seizure.
It is also said that numberwholesale dealer, companymission agent or trader can have in stock more than 250 quintals, 250 quintals and 20 quintals respectively, at any time.
GSR 168 E dated March 13, 1973 and No.
In these proceedings final orders cannot be passed at this stage as the matter is still under investigation.
In the meanwhile I order that the wheat seized by SMI Saiyan be got purchased at the Official Price so that the same does number get damaged.
4526, 4926, 4995, 5046, 5048 50, 5100, 5101, 5136 46,5402 11, 5436 38, 5560, 5520 21, 5562,5558, 5556, 5559,5550,5546 47, 5552, 5555, 5553 54,5511, 5482, 5618 19,5809 20,6132 33, 6244, 6273 75,6267 72, 5512 14, 5515,6570 and 5562/81, 7027 29 and 7032 34/81.
Collector, Agra 23.5.1981 The seized wheat has been purchased by the State Government on Government account at the procurement price and the sale proceeds credited into the Treasury.
Nos.2907 2908,3234, 3238 39,3164,3254, 3630 31,3686, 3783, 3816, 4816, 4929 31, 4836 38, 4996 5001, 5051 54, 5089 93, 5136 46, 5247, 3160, 3634, 4494,4616,4967, 5362 71, 5416 20, 5447 50,5716 17, 5840,6015,6587 89 6609 14/81.
4904 4905, 5080, 5094, 5239 45, 5358 59, 5395, 5483, 5484 88, 5489 92, 5734 39, 6584 86 6817 21/81.
and the learned PO as well.
Nos.4960 62, 4958 59, 5129 33, 5219 20, 5331 33, 5518 19, 5526, 5428 31 5527/81.
The State Government companytends that the impugned teleprinter message dated March 31, 1981 was in the nature of an executive instruction issued by the State Government under its undoubted powers under Art.
Nos.3421, 3407, 3408 13, 3422, 3536, 3561 64, 5238,13824, 5466, 5544, 6009, 6130 31, 6572 74 6582 83/81.
GSR 800 dated June 9, 1978 respectively, since it was of opinion that it was necessary or expedient so to do for securing the equitable distribution and availability of foodgrains at fair prices.
Sd N. Varma Addl.
Replies were filed by the owners of the wheat companytending that the said rules were number part of any Control Order under Section 3 of the EC Act number they had any legal sanction for want of publication in the Official Gazette.
G. S.R. 888 dated June 28, 1961, No.
The State Government has filed a companynter affidavit of the Chief Marketing Officer, Lucknow, in all these cases as also the affidavits of the Senior Marketing Inspectors at Agra companytroverting the allegations made by the petitioners.
Nos.5221,5380 83,5129 33,5421 22,5440, 5507 10, 5662, 5806 5807, 6245, 6246, 6265, 6398 and 6684/81.
Nos.5003, 4453, 4455 56,5346 48,4955,5082 89, 5577 80, 5581 and 5724/81.
3592, 3353, 5396, 6016, 6247 48, 6616, 6668 and 6798/81.
5097,5042, 5098, 5017, 5214 6135 36/81 7003/81.
ORIGINAL JURISDICTION Food Grains Matters.
5062,5157 58,5451 5615 17/81.
File be put up after 15 days along with report of prosecuting office regarding progress of investigation.
4 of the 1976 Order.
1145 WP.
6 of the U.P. Foodgrains Dealers Licensing and Restriction on Hoarding Order, 1976 and under cl.6 of the Uttar Pradesh Foodgrains Procurement and Regulation of Trade Order, 1978 hereinafter called the 1976 Order and 1978 Order respectively , both of which were issued by the State Government, in exercise of the powers under s. 3 of the Act, read with Government of India, Ministry of Agriculture Department of Food Notification No.
Movement by Road WP.
The sale proceeds be got deposited in Government Treasury under proper Head of Account.
WP Nos.
PO directed to put up progress of investigation within 15 days from number.
The O.Ps.
GSR 452 E dated October 25, 1972, No.
Nos.3489 and 4293/82.
GSR 316 E dated June 20, 1972, No.
It is stated that the source of the power to effect the seizure was number the impugned teleprinter message, but the power of search and seizure companyferred on an Enforcement Officer under cl.
1150 This interim order is being passed under sub s. 2 i of s.6A of the Essential Commodities Act, 1955.
1149 On May 23, 1981, the Additional District Magistrate Civil Supplies , Agra under sub s. 2 i of s. 6A of the Act passed interim orders for the sale of the seized wheat as it was subject to speedy and natural decay, at the request of the Senior Marketing Inspector, similar to the one reproduced below These proceedings under s.6A of the Essential Commodities Act started on the report of SMI Saiyan dated 30.4.1981 Paper No.
have pleaded that they were taking their goods in transit through Agra and in fact the movement of wheat so made by them was inter state movement which was number banned by the Central Government or State Government.
I heard the learned companynsels on behalf of the Ps.
1 whereby it was brought to the numberice of this Court that truck number were caught carrying 120 quintalsof wheat respectively beyond Saiyan border outside the State in companytravention of the orders issued by the Government vide telex No.
