SARVESH KUMAR SHAHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, petitioners question initiation of proceedings agaisnt them pursuant to FIR No. 18 of 2018 dated 02/03/2018 at Kopri Police Station in Thane District for the offences punishable under sections 3, 7, 8 and 10 of the Essential Commodities Act, 1955 (hereinafter referred to as "Act of 1955") and sections, 2, 3(4), 3(5) and 3(6) of the Motor Speed and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 (hereinafter referred to as "2005 Order") read with sections 109, 114, 212, 407, 411, 420, 467, 468, 471, 120(B) of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) This Court has, after hearing the learned counsel on 04/01/2019, noted the contention of the learned APP that the investigation has been carried out by the Assistant Commissioner of Police and time was given to State Government to file reply within three weeks. On 25/01/2019, the Court noted the efforts of the petitioners to demonstrate that the investigation conducted after the raid on 14/4/2018 is distinct and has no bearing on the earlier incident dated 01/03/2018. This was disputed by the learned APP. To bring on record the interconnection between these two offences, APP sought adjournment which was given. On 01/02/2019, this Court noted that during the arguments, petitioners did not dispute the correlation of raids on 14/4/2018 with earlier incident dated 01/03/2018. Learned APP fairly stated that the raids conducted on 14/04/2018 are not by the officer of the rank of Deputy Superintendent of Police. The Court therefore, found the question arising for determination to be whether the initiation of investigation by the competent officer like Assistant Commissioner of Police on 01/03/2018 is enough to sustain the raid conducted on 14/04/2018. Learned APP sought further adjournment and it was strongly opposed by the petitioners. The respondents then claimed that the petitioners are absconding and after noticing the developments before the Hon'ble Apex Court, namely restoration of prayer in High Court for grant of anticipatory bail for fresh consideration by the Hon'ble Apex Court and the fact that the rejection of the bail application by this Court was not disturbed by the Hon'ble Apex Court, no interim relief was given by us as request was/is pending, to the petitioners. The matter was then adjourned to 07/02/2019 when the parties were heard at length finally. Accordingly after issuing Rule and hearing the parties with consent finally, we closed the matter for judgment.

(3.) Petitioners point out that on 02/03/2018, FIR No. 18 of 2018 was registered at Kopri Police Station by Sub Inspector, Crime Branch, Thane on the allegations that the essential commodiy namely high speed diesel meant to be delivered in bunkers at Mumbai dock, was wrongfully being taken to Indore with bogus invoices raised in the name of a bogus party. Penal provisions of Sections 3, 7, 8, 10 of the Act of 1955 and the Order 2005 as also sections 420, 467, 468 and 471 of IPC were thus invoked.