SHAIKH IFTEKHAR S/O ABDUL RAUF Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-151
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on November 24,2017

Shaikh Iftekhar S/O Abdul Rauf Appellant
VERSUS
THE STATE OF MAHARASHTRA 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 Writ Petition is filed with following substantive prayer: "(B) The Chargesheet bearing R.C.C. No.22/2017 pending before the Judicial Magistrate, First Class, Chalisgaon in respect of Crime No.3054/2016 for the offences punishable under Sections 6[4] and Section 9 of the Public Distribution System [Control] Order, 2001 and under Sections 3 and 7 of Essential Commodities Act, may kindly be quashed and set aside."
(3.) The background facts for filing the present Petition as disclosed in the memo of the Petition, in brief, are as under: A). It is the case of the Petitioners that Petitioner No.1 is running a business in food articles by obtaining Food Licence issued by Licensing Authority for sale of Wheat, Jawar, Rice, Maize etc and licence is renewed upto the year 2019. One Shri Poonamchand Jaganlal Agrawal had purchased wheat, rice GRA and rice common by tender from Food Corporation of India, Nagpur, which is Government undertaking. Poonamchand Agrawal stored wheat and rice in his shop and godown at Kannad and accordingly informed Tahsildar, Kannad by letter dated 16th May, 2016. It is the further case of the Petitioners that Petitioner No.1 has purchased rice common of F.C.I. Tender weighing 160 Quintal 40 Kilogram vide bill No.187 dated 22nd May, 2016 from Poonamchand Agrawal and also purchased rice common of F.C.I. Tender weighing 200 Quintal vide bill No.188 dated 22nd May, 2016. The Petitioners have placed on record the copies of said bills. B) It is the further case of the Petitioners that Petitioner No.1 sold 158 Quintal 34 Kg. rice of F.C.I. tender to Gurukrupa Trading Company, Kim (Gujrat) vide Bill No.157 dated 23rd May, 2016 and it was loaded in Truck bearing Registration No.MH 222955 of which Petitioner Nos.2 and 3 were driver and cleaner respectively. It is submitted that Petitioner No.1 also sold rice of F.C.I. tender weighing 158 Quintal 30 Kg. to Seeta Agro Industries, Sanand through bill No.158 dated 23rd May, 2016 and loaded the same in Truck bearing registration No.MH21D9895 on which Petitioner Nos.4 and 5 were driver and cleaner respectively. It is the case of the Petitioners that on 24th May, 2016, while both the trucks were passing from Chalisgaon road, near Toll Naka, police of Chalisgaon City Chowk police station stopped both the trucks and seized the rice and trucks only on the suspicion that rice was of public distribution system and did not allow the drivers and cleaners to proceed further. The police head constable at City Chowk Police Station, Chalisgaon registered an offence vide Crime No.54 of 2016 for the offences punishable under Section 6(4) and 9 of the Public Distribution System (Control) Order, 2001 and under Sections 3 and 7 of the Essential Commodities Act. It is the case of the Petitioner that police investigated into the matter and during entire investigation it was not found that the seized rice was out of public distribution system, still the police have filed chargesheet before the J.M.F.C. Chalisgaon on 18th January, 2017 and the same was registered as R.C.C. No.22 of 2017 and the J.M.F.C. Chalisgaon passed an order of issuing summons to the accused. Hence this Petition is filed by the Petitioners, praying therein to quash and set aside the said charge sheet. ;


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