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2017 Supreme(Bom) 346

S.S.SHINDE, K.K.SONAWANE
Bhagwan S/o Namdeo Dawkhar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Mr. S.J. Salunke
For the Respondent/State: Mr. M.M. Nerlikar

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. By way of filing this application, the applicant has prayed to quash and set aside the first information report No.3031/2016, which is registered against him with Police Station, Ambad for the offence punishable under Sections 3 and 7 of the Essential Commodities Act.

3. The brief facts, leading to file the present Criminal Application, are as under :

(a) The informant is the Police Inspector attached with Police Station Ambad, Dist. Jalna. He received the information that, the commodities of public distribution system are getting transported for black marketing. Accordingly the police persons made necessary arrangements to seize the said commodities. Thereafter, they gave signal to stop the vehicle, which was driven by the applicant. Thereafter, they made necessary enquiry with the applicant and on enquiry, the applicant stated that, the commodities i.e. wheat and sugar which are in tempo, are of the fair price shop.

(b) The police seized the commodities worth of Rs. 33,500/- with tempo. On information of respondent No.2, the crime came










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