ABDUL RAZZAK S/O ABDUL HAMID Vs. THE STATE OF MAHARASHTRA & ANR
LAWS(BOM)-2016-12-62
HIGH COURT OF BOMBAY
Decided on December 19,2016

Abdul Razzak S/O Abdul Hamid Appellant
VERSUS
The State Of Maharashtra And Anr Respondents

JUDGEMENT

S.S.SHINDE,J. - (1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
(2.) This Application is filed by the Applicant praying therein that, the proceeding/ charge-sheet of S.C.C. No.173 of 2015 pending on the file of Judicial Magistrate First Class, Georai pursuant to Crime No.121 of 2014 registered with Georai Police Station, District Beed for the offence punishable under Section 3 and 7 of the Essential Commodities Act and under Section 188 of the Indian Penal Code and F.I.R. in Crime No.121 of 2011 registered with Georai Police Station, District Beed as against the present Applicant may kindly be quashed and set aside.
(3.) The learned counsel appearing for the Applicant submits that the First Information Report as well as charge-sheet does not disclose that informant had checked stock of kerosene available with Applicant in stock register and therefore there is no evidence to show that alleged kerosene was supplied to Applicant under the public distribution system, so there is no material to book the Applicant in any offence. The report and charge-sheet filed by the police does not disclose as to which order was violated by the Applicant so as to attract the provisions of Section 3 and 7 of the Essential Commodities Act. In the report and charge-sheet nowhere it is mentioned what was the Government rate for selling the kerosene at the relevant time, so allegation made in the report that Applicant was selling kerosene at higher rate appears to be false. ;


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