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2022 Supreme(Bom) 1466

R.G.AVACHAT
Dilip Nathu Chaudhari – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
R. N. Dhorde, Advocate, V. R. Dhorde, Advocate, S. P. Sonpawale, Advocate

JUDGMENT

R. G. avachat, J. - The challenge in this petition is to the order dated 31.03.2010, passed by the learned additional Collector, Nandurbar under Section 6-a of the Essential Commodities act, 1955 (for short, 'EC' act) and partially modified by the learned additional Sessions Judge, Nandurbar vide its order dated 01.03.2012, passed in Criminal appeal No.4 of 2010.

2. The petitioner runs a fair price shop. He also holds a license/permit as a Sugar Nominee. He is also the Chairman of Bhushan Sevabhavi Cooperative Society, Nandurbar, which runs a fair price shop.

3. The District Supply Officer (D.S.O.), Tahsildar, Nandurbar accompanied by some revenue officials, paid surprise visit to the godown and shops. During inspection, it was found that food-grains, namely, wheat, rice, sugar and pulse, were found in excess of the quantity supplied to the petitioner for being distributed to the fair price card-holders. It was further found that the food-grains were either not supplied/distributed to some of the cardholders and/or supplied less than the required quantity. The food-grains, therefore, came to be seized. The petitioner was called upon to explain the deficiencies in the record.

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