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2020 Supreme(MP) 875

SHAILENDRA SHUKLA
Rakesh Kumar – Appellant
Versus
State Of M. P. – Respondent


Advocates Appeared:
Prateek Maheshwari, Advocate, Gagan Bajad, Advocate

JUDGMENT

Shailendra Shukla, J. - Heard. Case diary perused.

2. This is first application filed under Section 438 of Cr. P.C. for grant of anticipatory bail. Applicant - Rakesh Kumar S/o Gyarasilal Agrawal is apprehending his arrest in connection with Crime No.116/2020 registered at Police Station Baghana, District Neemuch for the offence punishable under Sections 3/7 of the Essential Commodities Act, 1955.

3. As per prosecution story on 17.07.2020, junior food supply officer, Jitendra Nagar along with his bureau members inspected the warehouse of Rakesh Agrawal and prima-facie, on inspection, it was found that the rice bags which were stored in the warehouse belonged to the public distribution system. On demanding legitimate documents from the applicant regarding the rice bags, no such documents were presented by the applicant and the applicant took undue advantage of Janmukhi Yojana. Hence, a case under Section 3/7 of the Essential Commodities Act was registered against the applicant.

4. The grounds which have been mentioned are that applicant is a bonafide purchaser of allegedly seized rice bags and he has filed copy of requisite invoice regarding procurement of alleged seized ric

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