MUMBAI: The Bombay high court on Thursday quashed two FIRs filed by the controller of rationing and confiscation orders against two firms for allegedly storing rice meant for the midday meal scheme in Navi Mumbai godowns.
An HC bench of Justice S C Dharmadhikari and Justice P D Kode also directed departmental inquiry by the food and civil supply secretary against the controller of rationing in Mumbai after issuing her a showcause after it was pointed out that the officer had taken similar action against several others. Advocate Pandurang Pol who appeared for the two private firms Metro International and its proprieter Narendra Kumar Sancheti and Ace International argued that the officer's action was illegal since the rice meant for the mid-day meals scheme did not come under the purview of Essental Commodities Act.
The criminal action was filed merely because the rice was stored in go downs outside Mumbai. The firms explained that they had stored it in Turbhe because the storage area was larger and there was a cleaning plant there too. The scheme initiated by the Centre was being implemented throuh Isckon which would cook the meals and provide it to municipal schools in the city. Sancheti had challenged an order of February passed by Controller of Rationing, Mumbai under provisions of section 6-A of the Essential Commodities Act, 1955 as well as the FIR filed last year by the Turbhe Police station under the Essential Commodities Act and provisions of the Maharashtra Scheduled Commodities Wholesale Dealers Order, 1998. Around 7633 quintals of rice and 100 quintals of wheat purchased from Food Corporation of India by the Firm was illegaly confiscated, Pol said. Last November Rationing officers visited a cleaning plant of Ace International and inquired whether rice kept by Iskon was lying in the godown, on learning that it, they seized all the goods in the plan including the firm's wheat and lodged a complaint the next day. Wheat, at present, is not a cotrolled commodity, pointed out Pol.The Firms said they had not caused any obstructon to production, supply and distribution of any commodities nor had they caused any price rise.
The HC had last month also ordered that similar FIR in a mid-day meal scheme against another Firm cannot be acted upon. In that case of Welworth Food Pvt ltd, the prosecutor had informed the court that the Nerul police would not invoke provisions of the the Essential Commodities Act, 1955 and the Public Distribution System (Control) Order, 2001.
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