DEVRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application filed under Section 438 Cr.P.C. by the applicant - Devram S/o. Nandju Ji Patidar expecting his arrest by Police in connection with Crime No.116/2020 registered at Police Station Tirla, District Dhar, concerning offence u/s. 420 & 120-B of the I.P.C . 2.

(2.) Heard the learned counsel for the parties and perused the case diary through Video Conferencing.

(3.) As per prosecution story, Rajendra Solanki, Junior Civil Supply Officer, Block Tirla, District Dhar conducted a surprise inspection in Annapurna Warehouse found Devram Patidar (present applicant) proprietor weighing wheat through the electronic weighing machine in the gunny bags printed in the name of M.P. State Civil Supplies Corporation (MPSCSC) with 26 tags of Adim Jati Seva Sahkari Samiti Aahu (hereinafter referred to as "the society"). After counting the sacs, he found that 127 bags of wheat are kept in one trolley; 70 bags in another trolley and 44 sacks of wheat are lying on the floor, in total he found 241 sacks of 50 Kg. each belonging to the society. Apart from this, empty 60 sacks of jute and 9 bags of P.P. were also found in the premises of the warehouse. In all the bags, there was a seal of MPSCSC and in the 26 tags of the name of the society was printed with "Krishak No.". Prima facie, he found that the present applicant was using the Government bags and tags of the society for the procurement of wheat because he has failed to produce any order and sanction letter for purchase of these bags from the society. The procurement of the center of the Aahu society is Village Aahu, therefore, the Manager and Sales In charge of the society were called, and their statements were recorded in which they denied their involvement and shown ignorance about the purchase of wheat by Annapurna Warehouse. According to them, they have never given sacs, weighing machines, sewing machines, and tags to the said warehouse. They engaged the tractor of the co-accused for transportation of material to Gram Chiklya and it appears that the applicant has unloaded the same in his warehouse illegally. After completing the preliminary investigation, for safety, wheat, weighing machines, sewing machines, etc. were seized and handed over to co-accused Kailash Gehlot, the Manager of the society. Later on all have been handed over to the MPSCSC. That Junior Civil Supply Officer - Rajendra Solanki submitted the report along with documents to Collector, Dhar. The Collector after examining the matter directed for lodging the FIR against present applicant - Manager of Annapurna Warehouse, and the co-accused persons. Accordingly, Police Station Tirla has registered the FIR against the applicant and others for the offence punishable under section 420 and 120-B of the IPC.