Bombay High Court
Kishor Munnalal Pardeshi And ... vs The State Of Maharashtra And Other on 21 June, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2164 OF 2016
1. Kishor Munnalal Pardeshi
age 52 years, occ. business
r/o Guruwar Peth, Ambajogai
Dist. Beed.
2. Sayyed Moinuddin Abdul Hamid
age 32 years, occ. & r/o as above.
3. Dattatraya Jayram Adsul
age 28 years, occ. driver
r/o Morewadi, Tq. Ambajogai
Dist. Beed. Applicants
Versus
1. State of Maharashtra
Through Police station Navapur
Tq. Navapur, Dist. Nandurbar
2. Police Inspector,
Police Station, Navapur
dist. Nandurbar
3. Supply Inspector
Navapur, Dist. Nandurbar Respondents
Mr. Vivek Bhavthankar, advocate for applicants.
Mr. K.S. Patil, A.P.P. for all respondents.
CORAM : R.M.BORDE &
A. M. DHAVALE, JJ.
DATE : 21st JUNE, 2017
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
Rule. Rule made returnable forthwith. Heard finally with
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the consent of learned counsel for the respective parties.
2. Petitioner is praying for quashment of the criminal
proceeding initiated in pursuance of the registration of Crime No.
8/2016 registered on 1st April, 2016, for commission of offence
under sections 3 and 6 of Essential Commodities Act.
3. It is alleged that petitioner was transporting stock of rice
valued at Rs. 2,62,500/- in a truck on 1st April, 2016. It is alleged
that the food grain stock is prescribed for sale at ration shop and
was being transported illegally and was tried to be disposed of in
the open market.
4. Learned counsel for petitioner has pointed out that petitioner
is a Chairman of Radha Central Co-operative Consumer Society
registered at Ambajogai and the object of the society is to transact
business of sale and purchase of food grains. Petitioner has also
been issued licence for purchase of food grains by the Agricultural
Produce Market Committee, Ambajogai. It is the contention of
petitioner that the society has purchased 200 quintal rice at the
rate of Rs. 1,500/- valued at Rs. 3,00,000/- on 16th January,
2016, from one Ram Traders, Siruguppa, Karnataka. It is pointed
out that value of the food grain has been transferred by RTGS to
Ram Traders on 6th February, 2016. It is further informed that
the stock of rice was sold in favour of one Raj Agro Industries,
Navasari, Gujrath on 30th March, 2016 and, the same was being
transported for delivery to the purchaser. The vehicle was
intercepted on 1st April, 2016, by the police authorities and the
crime, as referred to above, has been registered.
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5. Learned APP for the State contends that the report of the
District Health Laboratory, Nashik reveals that the sample of rice
has been confirmed as per F.S. & S. Act, 2006 and regulations
framed therein.
6. Copy of the communication transmitted by Food Corporation
of India on 23rd December, 2016, has been annexed. The Food
Corporation of India has reported that there is no system for
identification of stock of ration. There is absolutely no material to
conclude that the stock of the food grain infact is meant for
distribution under the public distribution system and, has been
taken out from any of the godowns stocking the food grain for the
purpose of distribution under public distribution system.
7. Petitioner has tendered plausible explanation and
demonstrated his ownership over the stock. There is absolutely no
material collected by the investigation officer to indicate that the
stock of food grain that was being transported infact is meant for
distribution under public distribution system.
8. In view of the reasons recorded above, the criminal
prosecution initiated against petitioner deserves to be quashed
and, the same is accordingly quashed. Rule made absolute
accordingly.
( A.M. DHAVALE ) ( R.M.BORDE )
JUDGE JUDGE
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