NARESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition is directed against the order dated 1.1.2014 passed by the learned Additional District Collector, Bhilwara in Case No.3/2013 arising out of FIR No.319/2013 registered at the Police Station Gangapur, District Bhilwara for the offence under Sec. 3/7 of Essential Commodities Act whereby the application filed by the petitioner being the power of attorney of the registered owner Raju under Sec. 457 Crimial P.C. for releasing his vehicle No.RJ06.GA.7528 on Supardaginama was rejected.

(2.) Facts in brief are that the Tehsildar Sahada received a complaint regarding alleged misuse of food-grains issued under the public distribution scheme. A Mahindra Pickup No.RJ06.GA.7528 owned by Shri Raju was stopped and on its search being taken, 18 gunny bags containing 50 Kgs. wheat meant for distribution under the P.D.S. Scheme found therein. The gunny bags were bearing the seal of the Food Corporation of India. The vehicle as well as the bags of wheat were taken into custody by the Tehsildar.

(3.) On the basis of the search proceedings, an FIR No.319/2013 was registered by the Tehsildar at the Police Station Gangapur against Udai Lal Vyas, the Manager of the Gram Seva Sahakari Samiti, Nandasa and the petitioner for the offence under Sec. 3/7 of the Essential Commodities Act.