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2014 Supreme(Bom) 934

B.R.GAVAI, C.V.BHADANG
Rakesh s/o. Mahendrakumar Jain – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri M.P. KHAJANCHI, Advocate for the applicant.
Smt. S.S. JACHAK, A.P.P. for the respondent.

JUDGMENT

C.V. BHADANG, J.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

2. This is an application filed under Section 482 of the Criminal Procedure Code (Cri. P.C., for short) for quashing first information report No. 3004/2014 registered against the applicant with Police Station Korpana, District Chandrapur alleging commission of offences under Sections 3 and 7 of the Essential Commodities Act, 1955 (for short, the Act).

3. Brief facts as may be disclosed from the complaint dated 12/3/2014 filed by Yogesh Laxmanrao Pardhi, Assistant Police Inspector, Police Station Korpana are that, on 12/3/2014 when A.P.I. Pardhi along with other police staff were on petrolling duty at Korpana and when he had reached the Bus Stop, he noticed that there was a tractor coming from Wani towards Korpana. The driver of the tractor, on seeing the police party, took the tractor by the side of the road, parked it, alighted from the tractor and started going behind the shops. On suspicion, he was stopped and interrogated. On interrogation, he gave his name as Sanu @ Ajij Abdul Sheikh. He also informed that he is carrying petrol/diesel, but was








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