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2021 Supreme(MP) 75

S.A.DHARMADHIKARI
Amit Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajkumar Gatwar, Advocate
For the Respondents: Alok Sharma, Panel Lawyer

JUDGMENT :

S.A. Dharmadhikari, J.

1. Heard, learned counsel for the parties.

2. Case diary perused.

3. This is the first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.

4. Applicant apprehends arrest in connection with Crime No. 366/2020 registered at Police Station Indargarh, District Datia for the offences punishable under Sections 3 & 7 of Essential Commodities Act, 1955.

5. The allegation against the applicant, in short, is that on 14.12.2020 at about 13 hours when the Food Inspector inspected the shop of the present applicant, he was present and on conducting the inquiry, it was found that the stock of 6272 Kg. Wheat, 14512 Kg. Rice, 204 Kg. Salt, 7 Kg. Sugar and 129 Kg. Gram was found short, which amounts to Rs. 3,19,580/-. On the basis of the aforesaid, crime has been registered.

6. Learned counsel for the applicant has placed reliance upon the judgment dated 07.05.2015 passed in M.Cr.C. No. 2914/2015 (Santosh Sahare Vs. State of M.P.) by the Coordinate Bench of this Court, wherein under similar circumstances it has been held as under:-

    "5. Learned Panel Lawyer for the State opposes the aforesaid submission on the ground that the

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