Madhya Pradesh High Court
Lokesh Agrawal vs The State Of Madhya Pradesh on 13 October, 2020
Author: Shailendra Shukla
Bench: Shailendra Shukla
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THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.35798 of 2020
(Lokesh Agrawal vs. State of MP)
Indore, dated :13.10.2020
Shri Prateek Maheshwari, learned counsel for the applicant is
present in person through Video Conferencing.
Ms. Archana Kher, learned Dy. AG along with Ms. Drishti
Rawal, learned Panel Lawyer for the non-applicant - State is present
in person through Video Conferencing.
Heard. Case diary perused.
This is first application filed under Section 438 of Cr. P.C. for
grant of anticipatory bail. Applicant - Lokesh Agrawal S/o
Sharadnand Agrawal is apprehending his arrest in connection with
Crime No.428/2020 registered at Police Station Badgonda, for the
offence punishable under Section 3/7 of the Essential Commodities
Act, 1955 along with Section 465 of IPC.
As per prosecution story, as narrated by the applicant, who is
shown to be the owner of godown, upon receipt of an information
regarding black-marketing foodgrains, Sub-Divisional Officer, Dr.
Ambedkar Nagar raided the godown No.16 situated in Krishi Upaj
Mandi, Dongargaon on 20.08.2020. Upon checking, it was found
that there was rice wrapped in plastic jute bags stored and the rice
was found to be similar to the rice provided in the government control
schemes. This raid was conducted by the SDO along with other
members of the team including Nayab Tehsildar, Junior Supply
Officer and Secretary of Krishi Upaj Mandi.
In the application, it has been mentioned that rice was
purchased by the applicant from M/s Mayank Traders. However,
certain details of articles in the bill were found to be hand-written
hence, the same has been termed to be forged. Around 47.1580
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THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.35798 of 2020
(Lokesh Agrawal vs. State of MP)
quintals of rice valued at Rs.1,58,155/- was thus seized from the
godown of the applicant along with 2300 empty government jute
bags.
Learned counsel for the applicant submits that applicant is in
the business of foodgrains since last 20 years, that in FIR, name of
present applicant Lokesh Agrawal is not there, in which names of
other co-accused persons namely, Mohan Agrawal, Ayush Agrawal
and Ayush Gupta have been shown to be involved in a syndicate. He
further submits that applicant in normal course of his business used to
purchase grains from various traders and Ayush Agrawal was also one
of such traders and just because of his business with Ayush Agrawal,
he has been implicated as an accused. He also submits that at the
most a case under Section 3/7 of the Essential Commodities Act is
made out, which is a bailable offence and provisions of Sections 420
and 465 of IPC are not attracted because neither the applicant has
cheated anyone nor he has committed any kind of forgery. He further
submits that he has duly produced all the bills which match with the
bank statements which show a clean transaction on the part of
applicant, that there is no evidence against him apart from the
statement of Ayush Agrawal, that applicant's father is a heart patient.
Regarding finding of 2300 empty jute bags, he has submitted the bill
for purchase of 3000 empty bags and these purchases have been made
through banking channels vide invoice Nos.225 and 279 and that in
the seizure memo of these sacks, there is no seal showing it to be
belonging to M. P. State Civil Supply Corporation. An affidavit to
the effect has also been filed in support. The rice which has been
found in the godown was purchased from M/s Mayank Traders and
on these grounds, anticipatory bail has been sought.
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THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.35798 of 2020
(Lokesh Agrawal vs. State of MP)
In the written submissions, learned counsel has submitted that
denial of seller M/s. Mayank Traders cannot be material since
payment was sent to his bank account on the same day which has not
been denied and sent back to the applicant. Further, it has been stated
that the value of goods shown in the FIR is worth Rs.1,58,155/-
whereas, the billed articles are of Rs.7,11,230/-. Even if one
compares the seized quantity with the claimed quantity as per bill,
then too the quantity remains much larger than 47.1580 quintals, that
there are no independent witnesses and all are government witnesses,
that applicant has also appeared before the Collector, Indore and has
replied to the confiscation proceedings and has cooperated in the
enquiry. It has further been stated that the bail application was filed
on 17.09.2020 and after repeated hearings, finally heard on
13.10.2020.
Per contra, learned Public Prosecutor for the State has opposed the anticipatory bail application who submits that applicant was also a part of syndicate which indulged in selling good quality government ration rice to rice mills instead of sending it to ration shops and ration shops were instead provided with sub-standard quality of rice and other items purchased from vegetable market and thus, conspiracy was hatched by transporter Mohan Agrawal, his sons Mohit Agrawal and Tarun Agrawal with warehouse in the name of Harshit Traders. Apart from Mohan Agrawal and his sons, other accused persons were also involved such as Ayush Agrawal, proprietor of Pankaj Trading Co. and Ayush Foods, who owned ration shops and Ayush Gupta provided forged bills to Ayush Agrawal through co-accused Deepesh Agrawal. Thus, Mohan Agrawal in conspiracy hatched by accused persons transported good quality ration and instead of taking it to 4 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35798 of 2020 (Lokesh Agrawal vs. State of MP) ration shops, he deposited this good quality ration in his son's warehouse and then purchased sub-standard quality of ration from vegetable market and transported the same to ration shops owned by Ayush Agrawal with the help of Ayush Gupta who submitted forged bills, which had been tallied with the computer bills and as per prosecution, nexus of such traders worked in tandem employing similar maneuvers.
Learned Public Prosecutor for the State has submitted a written reply in which it has been mentioned that during inspection of the godown of the applicant, it was discovered that the bills given by M/s Mayank Traders to Lokesh Agrawal contained overwriting and this was done to justify the presence of rice whereas, in Bill No.CR/507 (Annexure A/3), three different qualities of rice have been shown by overwriting to be 50 Kgs., 25 Kgs. and 80 Kgs. and this is the rice which has been shown to have been purchased from M/s Mayank Traders, but when M/s Mayank Traders was questioned, he produced the original Bill No.CR/507, showing that he had sold the three qualities of rice by the weight of 25 Kgs. and 30 Kgs. Thus, as per prosecution, a forgery was committed by Lokesh Agrawal by making overwriting in the bill wherein 25 Kgs. rice was shown as 50 Kgs. rice and 30 Kgs. of different quality (Sela rice) was made to be shown as 80 Kgs. Sela rice. Mayank was taken to the godown of Lokesh Agrawal and on seeing the rice he has stated that this was not the quality of rice that he has sold to Lokesh Agrawal, but it was a low quality rice.
Learned counsel for State thus, submits that the rice which was found in the godown of Lokesh Agrawal was the same rice which used to be transported to ration shops and the quality of grains were 5 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35798 of 2020 (Lokesh Agrawal vs. State of MP) similar to that supplied to the ration shops and was matching with the quality of rice found in the godown of Harshit Traders which shows that there was a nexus between Lokesh Agrawal and Harshit Traders. Learned counsel further states that Lokesh Agrawal has sold good quality of rice valued at Rs.4,65,132/- to rice mills.
Regarding the submission of learned counsel for the applicant that the empty sacks were not carrying any Government seal, learned counsel for the State has shown through video conferencing a mobile photograph of one of such sacks which carries seal of M.P. State Civil Supply Corporation.
Thus, it appears that although in the seizure memo the SDM has not written that the sacks carried Government seal but in the photograph taken the seal of Government is clearly visible.
In the written reply, it has further been mentioned that during the investigation, the Investigating Officer, while investigating the financial details of the firm of Lokesh Agrawal, found monetary transactions between the firms owned by Lokesh Agrawal and that owned by Mohan Agrawal, proprietor of firm Harshit Traders.
In the reply, it has been further mentioned that one of the co- accused Ayush Agrawal has admitted that he is acquainted with Lokesh Agrawal and in the call record details of the present applicant has been shown to be in contact with most of the co-accused in the present crime number. Further, to uncovering of excessive rice and other ration goods in the premises of Lokesh Agrawal and Mohan Agrawal signifies connection between two and their clouding with one another to cause loss of revenue as well as to deprive the general public of the facility of the ration provided by the Government over 6 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35798 of 2020 (Lokesh Agrawal vs. State of MP) the years.
In the reply, it has been further stated that against Mohanlal Agrawal an order under Section 32 of the National Securities Act has been passed by the learned District Magistrate, Indore. It has been further mentioned in the reply that the applicant is an integral part of a syndicate involved in submitting forged and fabricated bills and challans and other documents to facilitate the transaction between other co-accused for purchase of sub-standard quality of goods/ration and replace it with good quality ration for making wrongful gains. It has been further submitted in the written reply that a declaration of an award of Rs.1000/- has been pronounced by the Superintendent, West District, Indore with respect to the present case as well as with respect to Crime No.440/2020, which has also been registered against the applicant.
Learned counsel for the State in her oral arguments has stated that not only the Government has apparently been cheated but the people at large who were the consumers of the rations have also been cheated because they were compelled to purchase the sub-standard quality of ration by paying price of ration which ought to have been of much superior quality. The aforesaid syndicate conducted its operations in times of Covid-19 Pandemic, when the Government had undertaken huge task of supplying rations to the ration shops so that people of the State do not suffer and are able to get their rations from such shops. Offenders have tried to mint money in grave times of human crisis. The applicant has made himself scarce to the extent that police had to declare an award on him.
Both the parties have been heard exhaustively and their 7 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35798 of 2020 (Lokesh Agrawal vs. State of MP) submissions have been considered.
Although, value of rice seized has been shown to be Rs.1,58,155/- whereas in the billed articles, it has been shown as Rs.7,11,230/- but the issue which is of prime importance is the quality of foodgrains found in the godown of the applicant. This quality is akin to the quality found in the godown of Harshit Traders which was infact low quality foodgrains, allegedly purchased from vegetable market for supplying it to ration shops in place of good quality ration which was meant to be supplied to the ration shops.
There is substance in the submission of learned counsel for the State that the rice which was found in the godown of applicant was not the same rice as purchased from M/s Mayank Traders. The entries in bill No.CR/507 seized from the applicant and the copy of the same seized from M/s Mayank Traders contain entries which do not tally with each other and this discrepancy has been taken note of. It also appears that the sacks which were found in the godown of the applicant carries the seal of M. P. State Civil Supply Corporation.
Learned counsel for the State has submitted that the Government ration which contained high quality of rice had landed not only at the godown of Harshit Traders but also at the godown of the applicant and this rice was disposed of and low quality rice which was found in the godown of the applicant was being used for supply to the ration shops.
The government servants who have deposed the statements cannot be stated to be unreliable just because they are government officials.
8THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35798 of 2020 (Lokesh Agrawal vs. State of MP) At this stage, it cannot be stated that only the provisions of Section 3/7 of the Essential Commodities Act are applicable, in view of observations made in earlier paragraphs.
Although, the applicant may have given his statements earlier and participated in the enquiry, but when the picture became clearer, he became untraceable and award had to be declared against him for showing his whereabouts. Further, too much cannot be read into seeking of time by learned counsel for the State for submitting written reply. This matter involves many persons who had different roles, as per the prosecution. Hence, after exhaustive consideration, elaborate reply has been filed by the State Government and such process takes time.
After due consideration of the aforesaid, which includes the material available on record and the elaborate submissions made by both the counsels, including the written submission sent through e- mail, no case is made out for grant of anticipatory bail, which is an extra-ordinary relief, to the applicant Lokesh Agrawal. His anticipatory bail application stands dismissed.
(Shailendra Shukla) Judge gp/ss Digitally signed by Geeta Pramod DN: c=IN, o=High Court of Madhya Pradesh Bench Indore, Geeta Pramod postalCode=452001, st=Madhya Pradesh, 2.5.4.20=1dc3d93a178bbacd0e9485f9f6e99335499bddb3250185 0a4984b5b63f6d7a38, serialNumber=41554f8e701aeeb833278b4fdd900cbed72ccf299e a61e33bbe6175289ba0390, cn=Geeta Pramod Date: 2020.10.16 18:05:25 +05'30'