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Judgment
The petitioner is the second accused in Crime No. 1341 of 2016 of Sooranad Police Station for an offence punishable under Section 5(a) of
Kerala Rationing Order, 1966 r/w Sections 3 and 7 of the Essential Commodities Act, 1955.
The case of the prosecution is that the first accused collected rationed articles with the help of the second accused and stored the same in the
building bearing No. IV/701 of Sooranad North owned by the 4th accused and which was taken on rent by the 3rd accused , with an intention to
make unlawful gain by selling the rationed articles in black market by packing the same in plastic bags. On 01.09.2016, at about 3.30 p.m., the
Sub Inspector of Police and his party conducted a search in the said house based on a telephonic information and seized 30 sacks of raw rice
containing 50 kgs. each, one sack of boiled rice containing 75 kgs, 11 sacks of wheat containing 50 kgs each, one stitching machine, 28 jute
sacks, FCI slips, nylon thread and 120 plastic empty sacks.
The learned counsel for the petitioner submits that the articles seized are not rationed articles and the same was purchased by the petitioner from
the local market and repacked for the purpose of sale in order to eke out his livelihood, and that he is having necessary licence to conduct sale. It
is pointed out that the petitioner has approached this Court earlier and this Court, by judgment dated 25.10.2018, dismissed the same observing
that when an article is seized under the Essential Commodities Act and the Rationing Order, the authorities are bound to look into the provisions
and pass necessary orders.
The learned Public Prosecutor submits that the report of the District Collector is not forthcoming.
In fact, it is up to the Revenue Divisional Officer to conduct enquiry and confiscate the articles. Even though crime has been registered in the
year 2016, so far the enquiry was not finalised. Therefore, custodial interrogation is not required due to lapse of time.
Considering the arguments advanced by both sides, I am inclined to grant anticipatory bail by invoking Section 438 of the Cr.P.C on the
following conditions:
The petitioner herein shall surrender before the SHO, Sooranad Police Station on or before 14.03.2018 between 10 a.m and 11 a.m. and after
interrogation, he shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the
like sum to the satisfaction of the SHO, Sooranad Police Station.
He shall appear before the SHO, Sooranad Police Station at 9 a.m. on every Saturdays for three months, commencing from 17.03.2018.
The petitioner shall co-operate with the investigation.
If the petitioner violates any of the above conditions, the bail granted to him shall stand cancelled, forthwith.
This application is allowed as above.