PREM NAZEER M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application for anticipatory bail filed by the petitioner under Section 438 Cr.P.C

(2.) The petitioner is the accused in the case registered as Crime No.60/2017 of the Puthunagaram Police Station under Section 3 read with Section 7 of the Essential Commodities Act, 1955 read with Section 5A of the Kerala Rationing Order, 1966.

(3.) The prosecution case is as follows:- On 11.01.2017, the Special Squad of the District Collector, Palakkad, conducted inspection of an unnumbered building at the side of Koduvayoor- Pallavoor road. It was then found that 30 sacks of wheat and 354 sacks of rice were kept in the building. There were three vehicles, bearing registration numbers KL-48/B-8682,KL-09/F-6917 and KL-09/B-4689 parked inside the compound of the building. The vehicle KL-09/B-4689 was found loaded with 20 sacks of wheat, 25 sacks of boiled rice and 75 sacks of raw rice. The other vehicles also contained gunny bags of raw rice. The gunny bags containing the wheat and rice had the emblem of Food Corporation of India. The seized articles were entrusted to the Taluk Supply Officer, Chittur. During the enquiry conducted by the Taluk Supply Officer, it was revealed that the building in which the rice and wheat were kept is one taken on rent by the petitioner from one Prabhakaran. It was also revealed during the enquiry that it was as per the direction of the petitioner that the rice and wheat are loaded in the vehicles. On the basis of a complaint given by the Taluk Supply Officer, Chittur, which contained the aforesaid facts, Crime No.60/17 of the Puthunagaram Police Station was registered against the petitioner. It is alleged that the petitioner had unauthorisedly kept the ration articles in the building and in the vehicles.