Surjeet vs State of Uttarakhand

V.K. Bist, J.—Mr. Anil Dabral, Advocate holding brief of Mr. Ramji Srivastava, learned counsel present for the applicant and Mr. Prabhakar Joshi, Brief Holder present for the State.

Heard learned counsel for the parties.

On 15.11.2009 Supply Inspector Regional Food Officer Officer, Pauri lodged a First Information Report against the applicant and other co-accused persons for taking necessary action against the applicant and driver of the truck under 43 Section 3/7 of the Essential Commodities Act for misuse and misappropriation of foodgrains (wheat and rice). In pursuance of F.I.R. the applicant was arrested.

The prosecution case, contained in the recovery memo, is that in the evening of 14.11.2009 Tehsildar Srinagar, Garhwal received an information that foodgrain of the Government is being carried in Truck No. UK 07 CC-0025 for selling to private persons. On the said information the vehicle was stopped and truck was seized. Thereafter it was found that the said foodgrain was found to be under Public Distribution Scheme. The recovery goods were taken into custody and were handed over to Assistant Food Inspector, Srinagar.

Learned Counsel for the applicant submitted that applicant is a Cleaner of Truck No. UK 07 CC-0025. He argued that the goods were loaded in the truck and applicant was not required to verify the nature of goods. He further submitted that the applicant is innocent as he loaded the foodgrains in the truck bonafidely and has not violated the terms and conditions of Public Distribution System Control Order, 2001. He also submitted that the applicant is permanent resident of village Dundsir, Tehsil Kirti Nagar, District Tehri Garhwal and there is no chance of his running away in case bail is granted in his favour. Having heard learned Counsel for the parties and after perusing the entire material available on record, the applicant deserves bail at this stage.

Let the accused/applicant-Surjeet be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Sri Nagar, District Pauri Garhwal.