SANJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this petition under section 482 of the CrPC for quashing the order passed by Additional Sessions Judge, Mahidpur on 26.3.2014, whereby the order of framing charge under section 3(2) read with section 7(1)(2) of the Essential Commodities Act, 1955 by JMFC, Mahidpur has been confirmed.

(2.) THE fact in short are that on 1.5.2008, information was received by Sub -Divisional Officer (Revenue) Mahidpur that wheat is being unloaded at Shakeel Body Builders Repairs shop situated at Eadgah, Ayodhyanagri. On the basis of the aforesaid information, Tahsildar, B.M. Joshi along with Assistant Supply officer reached Shakeel Body Builders Repairs shop and when they reached inside the shop, red wheat was kept in a bag of 90 k.g. and 3 0 -40 bags were being unloaded from the truck bearing registration No. M.P.09 -1872. Truck driver Mohammad Suleman disclosed that he is o wner -cum -driver of the truck and he loaded 168 quintals of wheat from M/s. Bhagyalaxmi Traders, Neemuch and was going to deliver at Ambika Food Industries Pvt. Ltd. Hyderabad. Due to breakage of wheel of the truck, wheat was unloaded in the shop of Shakeel Body Builders Repairs Shop. Documents were seized from Suleman and it was found that red wheat which is meant for distribution through public distribution system is being transported and the act of M/s. Bhagyalaxmi traders and the truck driver found to be breach of M.P. Khadya Padarth Sarvajanik Nagrik Purti Scheme, 1991 which is punishable under section 3(7) of the Essential Commodities Act, 1955. Complaint was lodged by Assistant Supply officer, Mahidpur at P.S. Mahidpur. After due investigation, charge -sheet has been filed.

(3.) LEARNED trial Court has framed the charges vide order dated 10.3.2010 under section 3(2) read with section 7(1)(2) of the Essential Commodities Act, against which Criminal Revision No. 192/2010 has been filed which has been dismissed. Being aggrieved, this petition has been preferred.