BHARAT DAVE Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under sec. 439 Cr.P.C seeking bail in connection with crime no.58/2021 registered at police station Chandan Nagar, district Indore for the offence u/s 409, 420 120B IPC & 3/7 of the Essential Commodities Act.

(2.) Shri Anshul Khare, S.D.M, Juni Indore through Rahul Sharma, Food Inspector, Indore lodged an FIR at police station Sarafa, Indore on 19/1/2021 against the (i) Anil Paliwal Manager, (ii) Rajesh Paliwal Salesman , (iii) Smt. Kantadevi Paliwal, President (iv) Smt. Vijaya Vice President and unauthorized office bearers (v) Bharat Dave (vi) Ramesh Dave (vii) Shyam Dave of the society Tabassum Mahila Pradamik Sahakari Upbhokta Bhandar (for short 'the society') and (viii) R.C.Meena, Food Controller that they have committed various irregularities and illegalities in the distribution of food grains from the allotted Government Fair Price Shop to the poor beneficiaries during Corona epidemic period. According to the complaint under the Rashtriya Khadya Suraksha Adhiniyam, 2013, Food Supplies and Consumer Protection Department under the Mukyamantri Annapurna Yojana provides food grains to 24 categories of poor beneficiaries through Government Fair Price Shops. Under the said scheme every member of the family is entitled to get 5 kg. food grains (4 kg. wheat and 1 kg. Rice) and 1 kg. salt per month at the rate of Rs.1.00 per kg. Under the Antyodaya Ann Yojana the persons living below poverty line are also entitled for the food grains at the rate 5 kg. per person. During the Corona epidemic period from April, 2020 the Central Government under the Prandhan Mantri Garib Kalyan Yojana (PMGKY) has sanctioned additional 5 kg. food grains (wheat/rice) for distribution to 42,000/- families in Indore free of cost. However, the department has received various complaints about irregularities in the distribution of food grains in the Government Fair Price Shop. The collector Indore constituted team to enquire about the allegations, therefore, a team conducted a raid on 12/1/2021 in the fair price shop Abhinayashri Mahila Pradhamik Sahakari Upbhokta Bhandar, Indore and on the spot Manager Anil Paliwal was found. The team recorded the statements of beneficiaries and according to them they received only 20 kg. food grains in place of 35 kg. and they were not given the food grains under the PMGKY free of cost. The team found that in the AEPDS portal the entries have been made in respect of distribution of complete food grains. The stock register & POS machine were collected, the stock was physically verified, and the team submitted a report to the Collector vide letter dtd. 21/1/2021. The team has found extra 19150 kg. wheat and 5016 kg. rice in the stock valued at Rs.7,28,624.00 and other materials were also found less in quantity as per the stock. The team has found that the President and other office bearers of the society, Manager, salesman under the direction of applicants did not distribute the food grains to the beneficiaries and kept it for black marketing. The Collector has found that there is a violation of clause 10(4), 11(1),(2), (7), (8), (9), (10), 13(2) of the Madhya Pradesh Sarvajanik Vitaran Pranali (Niyantran) Aadesh, 2015 which is punishable u/s 3/7 of the Essential Commodities Act read with sec. 409, 420 & 120-B of the IPC and directed for registration of FIR.

(3.) On the basis of the aforesaid letter police has registered an FIR against (i) Anil Paliwal Manager, (ii) Rajesh Paliwal Salesman , (iii) Smt. Kantadevi Paliwal, President (iv) Smt. Vijaya Vice President and unauthorized office bearers (v) Bharat Dave (vi) Ramesh Dave (vii) Shyam Dave of the society and (vii) R.C.Meena, Food Controller and started investigation.