Sanjay Rawat vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard on admission. The applicant has moved the present petition u/s 482 of Cr.P.C. to quash the FIR dated 27.7.2013 registered as Crime No. 268/13 with Police Station Naogaon, District Chhatarpur for the offences punishable under Sections 3 /7 of the Essential Commodities Act (hereinafter it would be referred as ''the Act'').

The prosecution''s case, in short is that, the applicant was running a ration shop at village Keeratpura. An inspection was done by the Sarpanch of Gram Panchayat Keeratpura on 10.5.2013 at about 5:30 p.m. alongwith the officers of the Food Department. It was found that 160 sacks of wheat were kept in a separate house. Though, those sacks of wheat were issued to the applicant for ration shop but the applicant could not produce the stock and distribution register. He did not distribute the kerosene to the various consumers in the month of March. He distributed the quota of March and April in the month of April. It was also found that 1000 liters of kerosene was available in the five drums. The applicant could not produce the register of stock and distribution on the same day. After manipulating, the entries in the register it was shown to the officers after two days. He did not get the quota of kerosene for the month of May 2013, though the inspection was done on 10.5.2013. He was expected to issue four liters of kerosene in each month and therefore, for the month of March and April, 2013, he was expected to supply eight liters of kerosene to the consumers, whereas he issued six liters of kerosene. He took a sum of Rs. 2.08/- extra of selling of six liters of kerosene to the various consumers. He had 1000 liters of kerosene in the stock. He did not give the appropriate quantity of kerosene to the consumers for the month of March and April and therefore, the food supply officer directed to lodge an FIR against the applicant and the junior supply officer had lodged an FIR to the Police Station, Naogaon and a case was registered.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, prima facie, it is apparent that the applicant could not show the ration cards of various consumers that he gave four liters of kerosene to each consumers in the month of March and April. Though, he had an appropriate stock of kerosene but he supplied two liters of kerosene less to the various consumers, which indicates that he supplied kerosene to such persons, which are not legible to get the kerosene through rationing. Similarly, he did not fill up the stock and distribution register day to day and therefore, if the entries made by him in the stock register do not tally with the ration cards of various consumers then, it can be said that he manipulated the entries and no such distribution was done by him.

Also he could not show the account relating to the distribution of wheat and the total quantity of wheat received by him. If he had 106 sacks of wheat for the distribution then, why such quantity of wheat was not kept in the ration shop itself. Under such circumstances, it cannot be said that prima facie, no offence under Sections 3 /7 of the Act is made out against the applicant. It is for the applicant to show that the entries made in the register were correct and he distributed the ration and kerosene according to the entries made in the register.

On the basis of aforesaid discussion, the petition u/s 482 of Cr.P.C. filed by the applicant Sanjay Rawat cannot be accepted and hence, it is hereby dismissed at motion stage.

Copy of the order be sent to the C.J.M. Chhatarpur with the direction that it may be provided to the trial Court. However, it is made clear that the observations made in this order shall not cause any prejudice to the trial Court during the trial.