RAJESH RADHESHAM AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and finally heard by consent of the parties.

(2.) BY this petition, the petitioner challenges FIR dated 01.07.2007 registered in connection with crime No.17/2007 at Naldurg police station and consequent chargesheet filed by the PSO, Naldurg in the Court of Judicial Magistrate (FC), Tuljapur vide criminal case bearing SCC No.138/2008.

(3.) COPY of the chargesheet would show that the truck vehicle was intercepted on basis of secret information received by API Latpate. The material placed on record does not show as to which order issued u/s 3 of the Essential Commodities Act is breached by the petitioner. The relevant record shows that the wheat bags were seized only because the appearance of the wheat was like that of the wheat sold through Public Distribution System. The reply affidavit and copy of the report received from wheat and maize research centre, Marathwada Krishi Vidyapith, Parbhani, only shows that there is semblance between the sample of the wheat sent by the police and the wheat which was seized. So, beyond semblance in the appearance of the wheat seized by the police and the wheat available in the Public Distribution System, there is no material on record to show that the seized wheat bags were, in fact, meant for the Public Distribution System. No investigation was carried out in order to find out wherefrom the wheat was procured by the petitioner. Whether it was illegally collected from any ration shop or from any Government godown is not brought on surface of the record. In absence of any tangible material to show that the wheat bags were removed from any Government godown or from any authorized ration shop, it is difficult to say that the wheat was meant for Public Distribution System. It is nobody's case that the wheat bags bore any particular identity mark to attribute the same as being bags meant only for the Public Distribution System.