DILIP NATHU CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this petition is to the order dtd. 31/3/2010, passed by the learned Additional Collector, Nandurbar under Sec. 6-A of the Essential Commodities Act, 1955 (for short, 'EC' Act) and partially modified by the learned Additional Sessions Judge, Nandurbar vide its order dtd. 1/3/2012, passed in Criminal Appeal No.4 of 2010.

(2.) The petitioner runs a fair price shop. He also holds a license/permit as a Sugar Nominee. He is also the Chairman of Bhushan Sevabhavi Cooperative Society, Nandurbar, which runs a fair price shop.

(3.) The District Supply Officer (D.S.O.), Tahsildar, Nandurbar accompanied by some revenue officials, paid surprise visit to the godown and shops. During inspection, it was found that food-grains, namely, wheat, rice, sugar and pulse, were found in excess of the quantity supplied to the petitioner for being distributed to the fair price card-holders. It was further found that the food-grains were either not supplied/distributed to some of the cardholders and/or supplied less than the required quantity. The food-grains, therefore, came to be seized. The petitioner was called upon to explain the deficiencies in the record. The petitioner failed to offer any explanation or come clean within a reasonable time. The Additional Collector, therefore, issued him a notice to show cause as to why the stock of food-grains (quantified in the notice) be not forfeited.