LAXMIKANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition accused petitioners have prayed that the proceedings pending against them in the Court of Special Judge, Essential Commodities Act Cases, Banswara on the basis of FIR No. 42/87 may be quashed.

(2.) I have heard the learned counsel for the petitioners as well as learned public prosecutor at length.

(3.) It is relevant to mention the facts of the case in brief. A report was lodged against the petitioners on 14-10-1987 at police station Sallopat Distt. Banswara that a truck loaded with wheat bags belonging to M/s Agarwal Brothers was transporting wheat to Gujrat. It was also stated that some of the bags were having a seal of Food Corporation of India and some of the bags had seals of 1984 and the others of 1986. The bags were loaded by one Manohar Lal in five trucks while the wheat belonged to Food Corporation of India. Trucks were checked and it was found that M/s Agarwal Brothers Banswara had sent wheat in five trucks to Gujarat to Sabar Rolar Floor Mill. On investigation it was found that M/s. Agarwal Brothers Banswara had collected wheat bags from Government Ration shops from different distributors and the wheat while has to be used by consumers after having been purchased from different dealers was being sent to Gujarat. Since there was a contravention of the Rajasthan Food Grains and other Essential Articles (Regulation of Distribution) Order, 1976, an offence under S. 3/7 of the Essential Commodities Act was committed.