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2023 Supreme(All) 144

JYOTSNA SHARMA
Unish Khan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Anil Pratap Singh Raghav.

JUDGMENT :

1. Heard Sri Anil Pratap Singh Raghav, learned counsel for the applicant and Sri O.P. Mishra, learned AGA for the State.

2. The present application has been moved on behalf of the applicant-Unish Khan seeking anticipatory bail in Case Crime no. 0979 of 2022, under Sections 3/7 of Essential Commodities Act, 1955, P.S. Khurja Nagar, District Bulandshahr.

3. As per prosecution case, on the basis of a confidential information about black marketing of grains by the fair price shop licensee, the sub-inspector from local police station along with Regional Food Officer reached the shop of the present applicant but it was found closed; after several failed attempts to contact the shop owner; the shop was sealed. On 30.09.2022, the team constituted by the A.D.M. inspected the shop in presence of the licensee/shop owner and the witnesses; 12 gunny bags of wheat and 6 gunny bags of rice were found less than the stock. On the basis of this, FIR Case Crime No. 0979 of 2022, under Sections 3/7 of Essential Commodities Act, 1955 was lodged and was investigated upon.

4. It is contended on behalf of the applicant that the applicant is innocent and is not involved in any kind of black marketin

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