Offences under Section 7(1)(a)(ii) of the Essential Commodities Act are non-bailable, as established by precedent.

Heard with the aid of case diary.

T his is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant/accused is apprehending his arrest in connection with FIR/Crime No.36/2024 dated - 23.02.2024 registered at Police Station Ambua, District Alirajpur (M.P.) for the offence punishable under Section 3/7 of the Essential Commodities Act, 1955 alongwith Sections 409 , 420 and 406 of IPC .

2. Prosecution story, in brief is that upon receiving complaint against illegal storing of wheat at village Semlaya P/S Ambua, Alirajpur under the policy of State Public Distribution System, Junior Supply Officer alongwith his team had gone and searched the place of incident on 23.02.2024. 40 Sacks of wheat of the PDS system was found to have been illegally stored in the house of co- accused persons Smt. Rayali and Smt. Indira. The same was procured to them by brother of Indira co-accused Veerendra. Thereafter on the same day, fair price shop led by women self help group at village Khutaja was searched, where the seller was the present applicant. During search, a total of 46.84 quintal of wheat, 2.28 quintal of salt and 7.35 quintal of Green Gram Beans/Moong were found to be in lesser quantity while 4.91 quintal of rice, 0.04 quintal of sugar was found to be in excess quantity than those mentioned in the stock records.

The aforementioned articles were found to be worth of Rs.2,02,010/-. It was found that the present applicant is the seller but actually the co-accused Veerendra runs the aforementioned shop. Thereby, the applicant has contravened provision under Clause 13(2) of Public Distribution System Control Order, 2015, which is punishable u/S 3/7 of Essential Commodities Act, 1955 . Act of the applicant is also punishable u/S 406, 409 and 420 of IPC . The matter was reported by Junior Supply Officer against the applicant Ganga Bai and co-accused persons Veerendra, Rayali, Indira and Ram Singh.

3. Learned counsel for the applicant/accused person submits that the applicant has not committed the offence and has falsely been implicated in the case. The applicant is a tribal woman. Due to personal reasons of the applicant, the shop was being managed by co-accused Veerendra. She is ready to cooperate in the investigation and trial. The applicant is a reputed person and has apprehension of her arrest. If she gets arrested, her reputation will be tarnished therefore, it is prayed that the applicant be granted anticipatory bail.

4. Learned counsel for the applicant has placed reliance on the case, order dated 23.06.2023 passed in MCRC No.26651/2023 in Gyan Singh V State of Madhya Pradesh and order dated 12.06.2023 passed in MCRC No.23207/2023 in Santoshsingh Rajput V State of Madhya Pradesh , wherein Coordinate Bench of this Court after relying on the case of Santosh Sahare V State of M.P. [MCRC No.2914/2015] granted anticipatory bail to the concerning applicant.

5. On other hand, learned counsel for the State/non-applicant has opposed the prayer of applicant and prayed for rejection of the application.

6. I have heard learned counsel for the parties and perused the records. 7. In the case of Arun Bharti V State of M.P. [MCRC No.20337/2020], Coordinate Bench of this Court has observed as under:-

“In Balwant vs. State of MP, reported in 2001 (3) MPLJ 414, Coordinate Bench of this Court has observed as under :-

“3. The first point which has been raised on behalf of the applicant is that the offence punishable under Section 7 of the Act is bailable. Reliance has been placed on the order dated 15-10-1999 (by Hon'ble Dipak Misra, J.) in M.Cr.C. No. 6111 of 1999, Nemchand Agrawal Vs. The State of M.P., and a reported decision Dinesh Kumar Dubey Vs. State of M.P. [2000(1) MPHT 213] (by Hon'ble R.S. Garg, J.). During the course of hearing two more decisions have been cited, one dated 30-12-99 (by Hon'ble S.S. Saraf, J.) and the other dated 20-11-2000 in M.Cr.C. No. 7681/2000 (by Hon'ble S.C. Pandey, J.). These decisions have a