SONI MEDICAL STORES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners are hereby taking exception to the investigation in respect of CR No. I 90 of 1994 in context with the complain filed by Municipal Council, Malegaon against the present petitioners alleging that they committed the offence punishable under section 420, 468 read with 34 of IPC and offences punishable under section 37 of the Essential Commodities Act, 1955 (hereinafter referred to as the Essential Commodities Act for convenience ).

(2.) THE petitioners submitted tender to Municipal Council, Malegaon for supplying number of medicines along with other tenderers. The tender of the petitioners was accepted by the Municipal Council, Malegaon and some orders were placed with them. The petitioners supplied some medicines to them. Thereafter the concerned officer from Municipal Council, Malegaon filed a complaint in Killa Police Station, Malegaon alleging the commission of offences mentioned above by the petitioners. The said investigation progressed, continued till a report was submitted by the investigating officer to concerned Judicial Magistrate, First Class, Malegaon on 27. 12. 2002. Vide the said report, the investigating officer Shri Wabale prayed for closing the said investigation and for grant of "a summary". The learned Magistrate passed the order on 17. 2. 2003 which can be reproduced ad verbatim as follows :

(3.) SMT. Purohit, counsel appearing for the petitioners, submitted that the medicines were supplied to the Municipal Council, Malegaon in accordance with the tender accepted by it and the rates quoted in the said tender which included other charges like transport, hamali, etc. It being so, the price is bound to be more than the prices which are prevalent in the market. Apart from that, she submitted that the Malegaon Municipal Council officers did not take any interest in the matter of investigation. No documents were produced by the concerned officers of Malegaon Municipal Council helping the case of the investigation and the investigation continued till a report was submitted by the investigating officer to the Court on 27. 12. 2002. She submitted that the investigating officer himself prayed to the learned Magistrate that the said investigation be closed and "a Summary" be granted. She submitted that when it is so, the said prosecution needs to be quashed by allowing this writ petition.