MUNNALAL AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri Vilas Tikhe, learned counsel for respondent No.8. Learned counsel for the rival parties are heard.

(2.) Learned counsel for the petitioner Shri Bahirani has raised the following grounds in support of the aforesaid challenge to the impugned order:

(3.) Bare facts attending the instant case reveal that petitioner being owner of M/s Agrawal Maharashtra Transport Company and another transporter, namely, Rahul Agrawal who is co-accused were entrusted with the work of transporting the essential commodities to fair price shops situated in Gwalior and Morar sectors for which express agreements were executed between the petitioner and the State. Complaints were received about the essential commodities not having reached the fair price shops. Enquiry was conducted by the Joint Director, Food, Civil Supplies and Consumer Protection, Assistant Food Supplies Officer and Regional Manager which led to submission of a report before the Directorate which in turn by letter dated 02.11.2020 directed for lodging of FIR inter alia against the petitioner alleging offences punishable u/S.3 r/w 7 of Essential Commodities Act and u/Ss.407, 409 and 34 of IPC in respect of large amount of essential food grains i.e. Wheat, Rice, Sugar, Salt, Jwar, Chana, Tuar Dal valued at more than Rs.One Crore which the petitioner was alleged to have misappropriated during the period from March, 2020 to September, 2020. The FIR dated 18.12.2020 bearing Crime No.562/2020 was registered at Police Station Jhansi Road, Gwalior (M.P.) vide P-4 against the petitioner and the co- accused Rahul Agrawal. Petitioner was taken into custody on 26.12.2020. The bail application u/S.439 Cr.P.C. of the petitioner was dismissed by the Sessions Court on 11.01.2021. Thereafter, the impugned order of preventive detention was passed on 28.01.2021 when the petitioner was already in custody. The District Magistrate, Gwalior on 29.01.2021 supplied the grounds for detention and supportive material to the petitioner. On 01.02.2021, the District Magistrate forwarded the impugned order along with grounds of detention and supportive material to the State for approval. The State vide order dated 04.02.2021 (Annexure R/2) affirmed the impugned order on 04.02.2021. On 04.02.2021 itself the State forwarded the impugned order along with grounds and the supportive relevant material to the Central Government.