DIVYANG PUNJALAL PATNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Sec.482 of the Code of Criminal Procedure has been filed for quashing of FIR registered as C.R.No.II-72 of 2011 with Karelibaug Police Station for the offences punishable under Secs.3 and 7 of the Essential Commodities Act filed by the respondent No.2-complainant.

(2.) FACTS in short are that the applicant, a businessman engaged in the business at Transport Nagar, Baroda, is having 20 godowns of which, 17-18 godowns are given on rent to different persons including the accused No.2. The Civil Supply Department, Baroda, on an inspection seized essential commodities from the godown of the applicant given on rent to the accused No.2. Complaint is registered under Secs.3 and 7 of the Essential Commodities Act against the applicant and other accused. Hence, the present application on the ground that he is only the owner of the godown which has been given on rent to the accused No.2.

(3.) LEARNED APP, Mr.Pujari, for the respondent No.1-State, has stated that since the essential commodities were seized in the godown belonging to the applicant, he was in involved in the offence.