ARBAZ Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent, finally heard.

(2.) Learned senior counsel for the applicant submits that the applicant is an authorized Contractor with M.P. Civil Supplies Corporation Ltd. Khandwa (Corporation). The applicant used five trucks viz. MP 09 HF 4255, MP 09 GE 7455, MP 09 HF 1255, MP 09 HG 2351 and MP 09 GF 1955 for the purpose of transportation of food-grains. As per the prosecution story, Shri Datt, learned senior counsel submits that in five trucks, the food-grains were loaded on 19.04.2020. After loading the trucks with food-grains, weight was taken. The aforesaid trucks were found parked in front of the applicant's house. The sole reason because of which the trucks were parked in front of the house of the applicant was that during Covid period, the Traffic Police prohibited parking of the vehicles in front of the Warehouse of the Corporation. The photographs showing the same are filed with the Covering Memo dated 12.06.2020. In addition, considering the restrictions of parking, the applicant preferred an application dated 26.03.2020 before the Civil Supplies Corporation and the Police Authorities for granting him permission to park the trucks in front of his house.

(3.) Learned senior counsel for the applicant further urged that as per the prosecution story, the trucks were seized on 20.04.2020, the next date from the date they were loaded. The aforesaid seizure had taken place within 24 hours of loading. In certain trucks, no less quantity of food-grains were noticed whereas in two trucks, the food-grains were found more in quantity than the quantity recorded on 19.04.2020. However, in two trucks, as per the prosecution story, the quantity was found little less than the quantity recorded on the previous date. The applicant is a law abiding citizen. He is an authorized Contractor. He has not committed any offence whatsoever. He is ready to join the investigation and undertakes not to influence the material/evidence. The entire material has already been seized in the presence of prosecution witnesses and employees/officials of the department. The applicant may be granted anticipatory bail.