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2017 Supreme(MP) 35

G.S.AHLUWALIA
Jagdish Kushwah – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sanjay Bahirani for applicant;
Prakhar Dhengula, Panel Lawyer for respondent No.1/State.

ORDER

1. This petition under section 482 of CrPC has been filed challenging the order dated 16.12.2010 by which the cognizance has been taken against the applicant for offence punishable under section 3/7 of Essential Commodities Act, 1955.

2. It is contended by the counsel for the applicant that the FIR in Crime No.203/2010 has been registered against the applicant and co-accused Sirnam Singh Kushwah on the basis of the enquiry report submitted by the Assistant Supply Officer. As per the enquiry report, several irregularities were found in the Fair Price Shop Nidanpur, Tahsil Chanderi, District Ashok Nagar in an inspection conducted on 16.3.2010. It was further alleged that on 18.3.2010 when again an inspection was sought to be done of Fair Price Shop Nidanpur, Tahsil Chanderi, District Ashok Nagar the same was found closed which shows that the salesman had deliberately closed the shop. With the help of one Om Prakash Jain who is Branch Manager of District Cooperative Bank, Branch Chanderi the lock of the shop was broken and 4.7 quintals of wheat, 7 quintals of sugar, 205 liters of kerosene oil and some more commodities were found but neither the stock register nor the sale register









































































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