SIVADASAN KUNJU NAIR Vs. SHASHIKANT LAXMAN WAGHMARE

JUDGEMENT

(1.) The Petitioner-Senior Executive of M/s.Agricore Commodities Private Limited has prayed for a writ of mandamus or any other appropriate writ or direction in the nature of mandamus for quashing and setting aside C.R. No.3021 of 2015 registered with Panvel Taluka Police Station, District Raigad under Ss. 3, 7, 8 and 10 of the Essential Commodities Act, 1955 (for short "said Act") lodged by Respondent No.1 i.e. Supply Inspection Officer/Rationing Officer, Tahasil Office, Panvel, District Raigad.

(2.) Heard Mr.Gupte, learned Senior Counsel for the Petitioner and Mr.Yagnik, learned A.P.P. for the Respondent-State. Perused entire record produced before us.

(3.) The First Information Report is lodged by the Respondent No.1, who was working as Supply Inspector Officer/Rationing Officer, Tahasil Office, Panvel, District Raigad on the date of lodgement of the crime. It is the prosecution case that, the business of warehouse was being conducted at M/s.Akshay Warehouse situated at Village Derevali, Taluka Panvel by the M/s.Care Takers and Company. The said Company used to provide space for its customers to store their commodities by accepting necessary charges in that behalf. On 1/7/2013, the Respondent No.1 along with other Government Officers conducted raid at M/s.Akshay Warehousing and found that various companies/traders had stored pulses and other edible items in the said godown. As far as the Petitioner is concerned, it was found that Petitioner had stored 3359 gunny bags of toor dal (pulses) in the said warehouse. It was found that the import of said toor dal and storage thereof by the company namely M/s.Agricore Commodities Pvt. Ltd. was in contravention of the Government Notification and the Licensing Order issued by the Competent Authorities under the Essential Commodities Act from time to time. The said items were seized by the Respondent No.1 and on 2/7/2013, present crime is registered.