RAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, petitioner prays for to quash FIR registered by respondent PSO, Police Station, Khamgaon in Crime No. 254/07 for the offences punishable under Sections 406, 409 and 109 of the Indian Penal Code read with Sections 3 and 7 of the Essential Commodities Act.

(2.) Heard learned counsel for the parties. Perused the application and reply filed by respondentState.

(3.) Applicant claims that he is a renowned and reputed Government contractor and transporter carrying on his business in the name of Shri Ganesh Carriers. He also claims that he is a registered Government contractor for transporting foodgrains to all 14 tahsils of Nagpur district and has reputation in the Department as to his integrity and honesty with unblemished character. He was awarded contract since 1996 by the Government for transportation of foodgrains. He also enjoys good social status. He is President of Mahavir Jain Yuvak Mandal, Nagpur; office bearer of several social organizations of national and international repute like Jain International Trade Organization, Mahavir International etc. It is the case of the applicant that he was sought to be prosecuted under Sections 406, 409, 109 of the Indian Penal Code read with Sections 3 and 7 of the Essential Commodities Act by the police despite the fact that he has been awarded contract by the Government for transporting wheat, rice etc. as stipulated in writing in contract, from one place to another in the Nagpur district. It is submitted that the petitioner had entered into a written contract with the Government in the name and style as Shri Ganesh Carrier having office at Plot No. 299, Nandanwan Layout, Nagpur. This contract was for a period of one year from 10th April 2003 which was extended from time to time which is still existing. According to the applicant, he was under contractual obligations to transport foodgrains from one place to another in accordance with the said written contract and for the rates as agreed per kilometer by means of trucks hired for that purpose.