The High Court of Punjab & Haryana has made it clear that traders can sell & purchase paddy/ food grains brought from other states in any part of Punjab, except the area falling under the APMC Act.
Justice G S Sandhawalia of the Punjab & Haryana HC passed the order while hearing a plea alleging that a large number of FIRs have been registered in Punjab by the state police against those bringing paddy from other states despite the mandate of the Centre’s new agriculture laws.
The High Court has also asked Punjab through its home department & the Union Govt through the Ministry of Agriculture to file their replies on the issue. The matter reached the HC in the wake of a plea filed by M/s A K Enterprises at Sunam in Punjab’s Sangrur district through its proprietor Lavit Goyal that cases are being registered against those lawfully carrying out their business under the pressure of farmers protesting against the new agriculture laws.
Paddy vehicles coming from other states seized, FIRs filed, says petitioner
The lawyer for the petitioner, Jimmy Singla told the High Court that Parliament had recently passed three reformative legislations relating to the trade in food grains as well as cultivation. These enactments have been duly notified & are in force.
Of the 3 enactments, the Farmers Produce Trade & Commerce Promotion & Facilitation Act 2020 is the main law on the subject of the trade of food grains. However, even before the enactment of this law there was no prohibition on trade of food grains outside the mandis. The three laws have also endorsed & regulated the trade of food grains, Singla told the HC.
The HC has also been informed that various farmers organizations are protesting against the aforesaid laws & such agitations have created an extraordinary situation in Punjab.
“Certain groups are illegally seizing the vehicles transporting paddy from other states to the state of Punjab. These groups have succeeded in the government of Punjab to register FIRs. Owing to the pressure of various farmers organizations a large number of FIRs are registered against the traders carrying on their lawful business of sale & purchase of foodgrains,” the Court was informed.
The petitioner, in this case, had purchased a large amount of paddy from Champaran in Bihar & Hardoi in UP in the second week of Oct & brought the same through road transport in Punjab.
“As consignment of paddy crossed Shambu Barrier, the aforesaid consignment which was being brought in a lawful manner. Thereafter these farmers organizations pressurised the Govts to act against the traders who are bringing paddy from other states. Similarly, the trucks of paddy were seized at various places & FIRs were registered by projecting the reception of secret information regarding the commission of an offence,” informed the petitioner.
According to the petitioner, a large number of FIRs under section 420 (cheating) & 120B (criminal conspiracy) under the Indian Penal Code was registered at police station Shambu, district Patiala for bringing paddy crop from other parts of the country.
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