K.K. Sonawane JUDGMENT
Sambhaji Shiwaji Shinde, J.
1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
2. All these applications raise one and the same legal issue, hence are heard together and being disposed of by this common judgment and order.
3. By way of filing these applications, the applicants have prayed to quash and set aside the respective first information reports, which are registered against them for the offence punishable under Sections 3 and 7 of the Essential Commodities Act.
4. The brief facts in Criminal Application No. 492 of 2017, are as under:
(a) The complainant Budhanad Namdev Dhandore, resident of Newasa, Tq. Newasa, Dist. Ahmednagar lodged the complaint on 17th October, 2016 with Sonai Police Station alleging that on the relevant day at about 9.00 p.m. police officers of Police Station, Sonai apprehended Tata 608 vehicle bearing registration No. 15/AG-5209. There were 160 gunny bags of rice in the said vehicle. The gunny bags were bearing seal of State Government. Apparently, those gunny bags were meant for distribution from fair price shops. The driver and cleaner of the vehicle were having no documents of the said goods i.e. bills of challans. Therefore, the police informed said fact to the Supply Officer. Accordingly, the Supply Officer visited the spot, verified the goods and lodged the report that goods in the vehicle were for distribution under public distribution scheme and this is a case of black marketing.
(b) After receiving the said report, Crime bearing No. II-46 of 2016 came to be registered with Sonai Police Station, Dist. Ahmednagar for the offence punishable under Sections 3 and 7 of the Essential Commodities Act (Hereinafter referred to as "the said Act") on 17th October, 2016.
5. The brief facts in Criminal Application No. 6038 of 2016, are as under:
(i) Respondent No. 3 had lodged report with Charthana Police Station, Charthana, District Parbhani for offences punishable under Section 3 and 7 of Essential Commodities Act on 12th July, 2016. In the said report he had alleged that upon telephonic instructions from Respondent No. 2, he had been to vicinity of village Bamni. There he noticed in one tempo 105 bags of rice having brand of Tajmahal. Respondent No. 3 had suspected that said rice might be meant for Public Distribution Scheme. Accordingly, Crime No. 96/2016 was registered with Charthana Police Station, District Parbhani, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, against driver of said tempo. Accordingly, all 105 bags of rice were seized and kept in Government Godown.
(ii) Present applicant No. 1 had approached to Respondent No. 2 with Representation on 13th July, 2016 along with the copy of purchase invoice. It was specifically submitted to Respondent No. 2 that he had purchased the said rice from open market on 10th July, 2016. It was also pointed out that the said rice has nothing to do with Public Distribution Scheme and accordingly prayed for return of goods.
(iii) The Police Inspector from Charthana Police Station had made communi........