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Judgment
T.V. Nalawade, J
Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
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.
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 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.
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 available in police
papers of the farmers and the amount paid to them.
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.
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 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 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.