AMAR NATH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed u/S. 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 330/2006, registered at Police Station Kota, Distt. Bilaspur, for the offence punishable under Section 3/7 of the Essential Commodities Act.

(2.) The brief facts are that this applicant is an authorized transporter for transporting food-grains from the godown of Nagrik Aporthi Nigam, Kargi Road, Kota to various Fair Price Shops in the concerned area. On 17-10-2006 certain quantity of rice was loaded in Truck bearing Regn. No. C.G. 10-A/1175 and Metador No. 10-A/6493 for their delivery to the concerned destinations. The allegations are that in Fair Price Shop, Ratkhandi, 20 quintals of rice and in fair price shop Jingerpur, 10 quintals of rice were less delivered by the applicant which is in contravention of the provisions contained in Clauses (5) & (15) of the C.G. Public Distribution System (Control) Order 2004 and Public Distribution System (Control) Order 2001 which are punishable under Section 3/7 of the Essential Commodities Act.

(3.) Learned counsel for the applicant argues that in fact, the rice in the aforesaid quantity was rightly delivered in the Fair Price Shops on 17-10-2006 and receipts to this effect in the prescribed pro forma have been received by the transporter. He refers to those receipts which have been filed as Annexures-A-1 & A-2. He submits that no case of contravention is made out against the applicant, therefore, the applicant may be admitted to anticipatory bail.