KAMALBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocates for the respective sides at length. Rule was issued on 26-08-2011.

(2.) Respondent No. 4 was operating a fair price shop No. 79 in Village Vasai, Tq. Sillod. He was charged with illegally selling food items and kerosene. Criminal trial was initiated against him after suspending his licence.

(3.) The petitioner submits that prior to 2004 or before proclamation of this shop, it was run by respondent No. 4. In the year 2001, this shop was suspended by the Sub Divisional Officer Sillod, because the respondent No. 4 was found involved in black marketing of kerosene and therefore a crime under sections 3 & 7 of Essential Commodities Act, 1955, came to be registered against respondent No. 5 vide crime No. 3/2001, in Rural Police Station of Sillod. The Sub Divisional Officer, suspended his authorization of fair price shop on 21-06-2001.