K.U. CHANDIWAL, J.

Heard.

2. Rule made returnable forthwith. Heard finally.

3. The applicant questions prosecution vide F.I.R. No. 17 of 2011, registered at Mantha police station, Tq. Hadgaon, District Nanded and consequent charge sheet vide S.C.C. No. 291 of 2011 pending on the file of learned J.M.F.C. Hadgaon for the offence under section 3/7 of Essential Commodities Act.

4. The allegations are, on 20.7.2011, the complainant police Sub Inspector was patrolling on Nanded-Hadgaon road and at around 14.00 hours, received discreet information that in a truck No. MH-26-S-6469, rice is transported from Parbhani for Nagpur. Consequently, in the trap at 17.00 hours said truck was intercepted, the contents were examined in presence of panch witnesses and it was found, the truck had 176 bags containing 96 Kg of rice each worth Rs. 2,40,575/-. The investigator-complainant had also seized the said truck above.

5. Record illustrates that the truck driver Ram Maroti More had handed over bill No. 260, having description of carrying 176 rice bags worth Rs. 2,40,575/- from Shrikrishna Agro Industries, Devri, transported through Parmar Transport Company dated 18.7.2011, with one more receipt No