Bharat Dave And Others vs State Of M.P

Vivek Rusia, J

This is first application under section 439 Cr.P.C seeking bail in connection with crime no.58/2021 registered at police station Chandan Nagar, district Indore for the offence u/s 409, 420 120B IPC & 3/7 of the Essential Commodities Act.

Shri Anshul Khare, S.D.M, Juni Indore through Rahul Sharma, Food Inspector, Indore lodged an FIR at police station Sarafa, Indore on 19.01.2021 against the (i) Anil Paliwal Manager, (ii) Rajesh Paliwal Salesman , (iii) Smt. Kantadevi Paliwal, President (iv) Smt. Vijaya Vice President and unauthorized office bearers (v) Bharat Dave (vi) Ramesh Dave (vii) Shyam Dave of the society Tabassum Mahila Pradamik Sahakari Upbhokta Bhandar (for short 'the society') and (viii) R.C.Meena, Food Controller that they have committed various irregularities and illegalities in the distribution of food grains from the allotted Government Fair Price Shop to the poor beneficiaries during Corona epidemic period. According to the complaint under the Rashtriya Khadya Suraksha Adhiniyam, 2013, Food Supplies and Consumer Protection Department under the Mukyamantri Annapurna Yojana provides food grains to 24 categories of poor beneficiaries through Government Fair Price Shops. Under the said scheme every member of the family is entitled to get 5 kg. food grains (4 kg. wheat and 1 kg. Rice) and 1 kg. salt per month at the rate of Rs.1 per kg. Under the Antyodaya Ann Yojana the persons living below poverty line are also entitled for the food grains at the rate 5 kg. per person. During the Corona epidemic period from April, 2020 the Central Government under the Prandhan Mantri Garib Kalyan Yojana (PMGKY) has sanctioned additional 5 kg. food grains (wheat/rice) for distribution to 42,000/- families in Indore free of cost. However, the department has received various complaints about irregularities in the distribution of food grains in the Government Fair Price Shop. The collector Indore constituted team to enquire about the allegations, therefore, a team conducted a raid on 12.01.2021 in the fair price shop Abhinayashri Mahila Pradhamik Sahakari Upbhokta Bhandar, Indore and on the spot Manager Anil Paliwal was found. The team recorded the statements of beneficiaries and according to them they received only 20 kg. food grains in place of 35 kg. and they were not given the food grains under the PMGKY free of cost. The team found that in the AEPDS portal the entries have been made in respect of distribution of complete food grains. The stock register & POS machine were collected, the stock was physically verified, and the team submitted a report to the Collector vide letter dated 21.01.2021. The team has found extra 19150 kg. wheat and 5016 kg. rice in the stock valued at Rs.7,28,624/- and other materials were also found less in quantity as per the stock. The team has found that the President and other office bearers of the society, Manager, salesman under the direction of applicants did not distribute the food grains to the beneficiaries and kept it for black marketing. The Collector has found that there is a violation of clause 10(4), 11(1),(2), (7), (8), (9), (10), 13(2) of the Madhya Pradesh Sarvajanik Vitaran Pranali (Niyantran) Aadesh, 2015 which is punishable u/s 3/7 of the Essential Commodities Act read with section 409, 420 & 120-B of the IPC and directed for registration of FIR.

On the basis of the aforesaid letter police has registered an FIR against (i) Anil Paliwal Manager, (ii) Rajesh Paliwal Salesman , (iii) Smt. Kantadevi Paliwal, President (iv) Smt. Vijaya Vice President and unauthorized office bearers (v) Bharat Dave (vi) Ramesh Dave (vii) Shyam Dave of the society and (vii) R.C.Meena, Food Controller and started investigation.

The police have formally arrested applicants because they were already in custody under the National Security Act. The police have conducted investigation and filed Challan against both of them on 02.05.2021. The proceeding u/s 82 of the Cr.P.C for declaring those accused as proclaimed offender were initiated.

Learned senior counsel appearing for the applicants submits that the fair price shop was being run by Manager. The applicants had nothing to do with the day to day working of the shop as they are neither offices bearers nor members in the society. It is further submitted that the procedure prescribed under the Madhya Pradesh Sarvajanik Vitaran Pranali (Niyantran) Aadesh, 2015 has not been followed. Before registration of the FIR no notice has been issued to the applicants. They have no criminal antecedents.

Learned Government Advocate has seriously opposed the application. The applicants are the main kingpin, and they were managing the entire affairs of the shop. The applicants have withheld the food grains from being provided to the poor beneficiaries during this epidemic period for being sold in the open market by way of black marketing, hence offences are serious in nature, and they are not entitled for the benefit of bail.

The State Govt. in order to provide essential commodities to the poor beneficiaries at a controlled rates has framed the order called the Madhya Pradesh Sarvajanik Vitaran Pranali (Niyantran) Aadesh, 2015 under the powers conferred u/s 3 & 5 of the Essential Commodities Act, 1955, therefore, any violation of the condition of the order 2015 is punishable u/s 3/7 of the Essential Commodities Act. Clause 16 (8) of the Order, 2015 gives authority to the Collector that in case of regularity in running the Govt. fair price shops he can initiate action against the President /Saleswomen/employee of the society.

The Division Bench of this Court in W.P.No.5302/2021 (Shyam Dave vs. State of MP and others) and in W.P.No.4937/2021 (Bharat Dave vs. State of M.P & others) vide order dated 15.7.2021 has set aside the order of detention of the applicants and thereafter vide order dated 16.8.2021 passed in MCRC No.38871/21 & MCRC No.38868/21 they have been granted bail by this Court. As stated by learned senior counsel that the applicants have deposited the entire amount to compensate the loss caused to the society. The investigation is complete and charge sheet has been filed. No further custodial interrogation of the applicants is required in the matter.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicants are directed to be released on bail upon each of them furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. The applicants shall surrender their passports before the trial court, and they shall not leave the country without leave of trial court. The trial court shall verify about the deposit of the entire amount involved in this case before passing the releasing order.

C.c as per rules.