Delhi High Court
Criminal LawAdministrative and Public Law

Restoration of a fair-price-shop licence warranted quashing the related Essential Commodities Act prosecution.

Shiv Kumar vs State (Govt Of Nct Of Delhi)

Delhi High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Restoration of a fair-price-shop licence warranted quashing the related Essential Commodities Act prosecution.. Shiv Kumar vs State (Govt Of Nct Of Delhi). Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought quashing of FIR No. 246/2014, registered under Section 7 of the Essential Commodities Act, 1955, after an inspection of his Fair Price Shop allegedly found a shortage of wheat and excess rice

Source reference: p. 1

The shop’s licence was first suspended and later restored; although it was subsequently cancelled, the Appellate Authority revoked the cancellation and restored the licence on 24 July 2014

Source reference: pp. 1–2

The petitioner relied on earlier Delhi High Court decisions quashing FIRs in similar Fair Price Shop cases, particularly *Kamlesh v. State (Govt. of NCT of Delhi)*

Source reference: pp. 2–4

The State did not dispute that the present case was identical and that the reasoning in *Kamlesh* applied

Source reference: p. 5
02

Issues

1. Whether FIR No. 246/2014 and the proceedings arising from it should be quashed in light of the restoration of the petitioner’s Fair Price Shop licence and the cited precedents.

Source reference: pp. 2–5

2. Whether the reasoning in *Kamlesh v. State* applied to the present case, as accepted by the State.

Source reference: p. 5
03

Law Applied

The FIR was registered under Section 7 of the Essential Commodities Act, 1955.

Source reference: p. 1

The Court relied on its prior decisions in *Sachin Goyal v. State* and *Sunni Kadian v. State (Govt. of NCT of Delhi)*, and particularly on *Kamlesh v. State (Govt. of NCT of Delhi)*, where criminal proceedings concerning an alleged Fair Price Shop irregularity were quashed in light of the restoration of the shop’s licence and the circumstances of that case.

Source reference: pp. 2–4
04

Reasoning

The petitioner’s licence had been restored by the Appellate Authority after its cancellation was revoked.

Source reference: p. 2

The Court considered the present matter identical to *Kamlesh*, and the State did not contest the applicability of that decision’s reasoning.

Source reference: p. 5

Applying that reasoning, the Court concluded that the FIR and resulting proceedings should be quashed.

Source reference: p. 5
05

Holding

The Court quashed FIR No. 246/2014, registered at Police Station Jahangir Puri under Section 7 of the Essential Commodities Act, 1955, and all proceedings emanating from it.

The petition and pending application were allowed.

Source reference: p. 5
06

Acts & Sections Cited

3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Essential Commodities Act, 19553

Delhi High Court

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Shiv KumarvsState (Govt Of Nct Of Delhi)

Delhi High Court · September 29, 2026

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