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2017 Supreme(Bom) 297

S.S.SHINDE, K.K.SONAWANE
Vijay Machindra Markad – Appellant
Versus
State of Maharashtra Through its Incharge Police Inspector, Sonai – Respondent


Advocates Appeared:
For the Applicants : Mr. V.D. Sapkal
For the Respondent/State: Mr. P.G. Borade

JUDGMENT :

S.S. Shinde, J.

Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. All these applications raise one and the same legal issue, hence are heard together and being disposed of by this common judgment and order.

3. By way of filing these applications, the applicants have prayed to quash and set aside the respective first information reports, which are registered against them for the offence punishable under Sections 3 and 7 of the Essential Commodities Act.

4. The brief facts in Criminal Application no. 492 of 2017, are as under :-

(a) The complainant Budhanad Namdev Dhandore, resident of Newasa, Tq. Newasa, Dist. Ahmednagar lodged the complaint on 17th October, 2016 with Sonai Police Station alleging that on the relevant day at about 9.00 p.m. police officers of Police Station, Sonai apprehended Tata 608 vehicle bearing registration No. 15/AG5209. There were 160 gunny bags of rice in the said vehicle. The gunny bags were bearing seal of State Government. Apparently, those gunny bags were meant for distribution from fair price shops. The driver and cleaner of the vehicle were having no documents of the said




















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