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Bombay High CourtAPPLN/1874/2015dismissed

Sahebrao Tukaram More (Patil) v. The State Of Maharashtra And ORS

2015-04-21Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Kum. Justice I.K. Jain2 pages

Cri. Appln. No. 1874/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1874 OF 2015 Sahebrao Tukaram More (Patil) ....Applicant.

Versus

The State of Maharashtra & Ors.

....Respondents.

Mr. B.L. Dhas, APP for State.

CORAM : T.V. NALAWADE & SMT. I.K. JAIN, JJ.

DATED : 21st April, 2015.

ORDER :

1.

Nobody present for applicant.

2.

The matter is filed for quashing of F.I.R. bearing C.R. No. 14/2015 registered at Dondaicha Police Station for the offences punishable under sections 3 and 7 of the Essential Commodities Act. The crime is registered on the basis of report given by Naib Tahsildar. On 25.2.2015, they came across one truck, carrying bags of rise, which were meant for distribution by public distribution system. There were 210 such bags. It was confirmed that it was meant for circulation through public distribution system. There was no builty in respect of this goods with the driver or the persons travelling with the goods and so,

Cri. Appln. No. 1874/15 the bags came to be seized along with the truck and the report came to be given.

3.

Zerox copy of one builty issued by Kishor Maliram is produced to show that 120 bags were issued by this concern on 22.2.2015 and the authority has confirmed that the food-grain, rise, was meant for distribution by public distribution system and as there is order issued under section 3 of the Essential Commodities Act in respect of such goods, this Court holds that it is not possible to quash and set aside the F.I.R. 4.

The application stands dismissed.

[ SMT. I.K. JAIN, J. ] [ T.V. NALAWADE, J. ] ssc/