KAMLESH Vs. STATE

JUDGEMENT

(1.) This is an application u/s 438 Cr.P.C moved by the petitioner for grant of anticipatory bail in case FIR No.371 u/s 7/10/55 of EC Act, P.S. Najafgarh, Delhi.

(2.) Prosecution case is that as per the direction of Special Commissioner, Department of Food Supplies and Consumer Affairs, a team comprising of Senior Officers visited the business premises of FPS No.8994, M/s Amit Provision Store functioning at Plot No.18, Ishwar Colony, Najafgarh, Delhi on 01.05.2014. Bharat Bhushan was present, who introduced himself as helper of licensee of FPS. The record was not available in the business premises of FPS which was brought by Bharat Bhushan from outside the shop. Brij Bhushan who introduced himself as husband of licensee (Kamlesh) was also present. Record was seized. On physical checking of stock, excess of 7.74 quintal of rice was found. Other irregularities like stock board not displayed, licence not displayed, complaint book not found inside FPS, certificate of weighing machine not found and list of BPL/AAY cards not displayed, were found. Pursuant to a complaint received, the present FIR was registered.

(3.) It is submitted by learned counsel for the petitioner that proper inspection of fair price shop of the petitioner was not conducted. Compliance of Section 100 of CPC was not done. The inspection was not witnessed by any independent and respectable inhabitants of the locality. The alleged excess quantity of rice is in fact food grain wastage which was accumulated by the passage of time in and outside the business premises of FPS during loading/unloading of bags containing food grains. Moreover during the process of distribution of food grains to the beneficiaries, wastage of some quantity of food grains can never be avoided which has happened in the instant case. It was further submitted that as per the relevant provisions of law, the raiding party was required to collect samples to authenticate the allegation of excess rice but despite request, the samples were not collected. The relevant records of the FPS are already in possession of the concerned officers. The petitioner is cooperating in the investigation. On 12.05.2013, the Investigating Officer collected sample of food grains wasted ,hence no further recovery is to be effected. It was further submitted that pursuant to the raid, the licence of the petitioner was suspended, which has been restored vide order dated 16.10.2014. Since the petitioner is cooperating in the investigation and is not required for the purpose of custodial interrogation, as such she be released on bail.