Madhya Pradesh High Court
Bharat Dave vs The State Of Madhya Pradesh on 24 September, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
-1- MCRC No.47507/2021
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
MCRC NO.47507/2021
1.Bharat Dave s/o Vijay Dave
Aged about 55 yrs.
Occupation social work, R/o
3121, Sector-E, Sudama Nagar
Indore, District Indore M.P.
2.Shyam Dave s/o Bal Krishna
Dave, aged about 55 yrs.
Occupation social work R/o
13/3 Moti Tabela, Indore
District Indore M.P .......Applicants.
vs.
State of Madhya Pradesh .......Respondent.
through Police Station Juni Indore, District Indore M.P 24.09.2021: (Indore):
Shri Adarsh Muni Trivedi, learned Senior Counsel with Shri Awasthi learned counsel for the applicants.
Shri Valmik Sakargayen, learned GA for the respondent/State. This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.32/2021 registered at police station Juni Indore, district Indore for the offence punishable under sections 409, 420, 120-B IPC & u/s 3/7 of the Essential Commodities Act.
As per prosecution story Shri Parag Jain, S.D.M, Malharganj Indore through Food Inspector, Indore lodged an FIR at police station Sarafa, Indore on 19.01.2021 against (i) Ritesh Mahpare,Tulawati (ii) Yash Jadhav President (iii) Smt. Anita Vice President and unauthorized office bearers (iv) Bharat Dave (v) Ramesh Dave (vi) Shyam Dave of the society Rashtriya Consumer Co-oprative Stores , Indore (for short 'the society') and (vi) R.C.Meena, Food Controller alleging that they have committed various irregularities and illegalities in the distribution of food grains to the poor beneficiaries -2- MCRC No.47507/2021 from the allotted Government Fair Price Shop during Corona epidemic period. According to the complaint under the Rashtriya Khadya Suraksha Adhiniyam, 2013, Food Supplies and Consumer Protection Department under the Mukyamantri Annapurna Yojana provides food grains to 24 categories of poor beneficiaries through Government Fair Price Shops. Under the said scheme every member of the family is entitled to get 5 kg. food grains (4 kg. wheat and 1 kg. Rice) and 1 kg. salt per month at the rate of Rs.1 per kg. Under the Antyodaya Ann Yojana the persons living below poverty line are also entitled for the food grains at the rate 5 kg. per person. During the Corona epidemic period from April, 2020 the Central Government under the Prandhan Mantri Garib Kalyan Yojana (PMGKY) has sanctioned additional 5 kg. food grains (wheat/rice) for distribution to 42,000/- families in Indore free of cost. However, the department has received various complaints about irregularities in the distribution of food grains in the Government Fair Price Shop. The collector Indore constituted team to enquire about the allegations, therefore, a team conducted a raid on 12.01.2021 in the fair price shop and on the spot Manager Ritesh Mahpare, Tulawati was found. The team recorded the statements of beneficiaries and according to them they received less quantity food grains and they were not given the food grains under the PMGKY free of cost. The team found that in the AEPDS portal the entries have been made in respect of distribution of complete food grains. The stock register & POS machine were collected, the stock was physically verified, and the team submitted a report to the Collector vide letter dated 21.01.2021. The team has found shortage of 10960 kg of wheat and 2303 kg. of rice (valued at Rs.3,94,013), 468 kg. of salt and 85 kg. of sugar in the stock. The team has found that the President and other office bearers of the society, Manager, salesman under the direction of Ramesh Dave, Bharat Dave and Shyam Dave did not distribute the food grains to the beneficiaries and kept it for black marketing. The Collector has found that there is a violation of clause 10(4), 11(1),(2), (7), (8), (9), (10), 13(2) of the Madhya Pradesh Sarvajanik Vitaran Pranali (Niyantran) Aadesh, 2015 -3- MCRC No.47507/2021 which is punishable u/s 3/7 of the Essential Commodities Act read with section 409, 420 & 120-B of the IPC and directed for registration of FIR. That In-charge Distt. Supply Controller Indore vide show-
cause notice dated 28.1.2021 has demanded explanation from all the accused and directed them to deposit amount.
On the basis of the aforesaid letter police has registered an FIR against (i) Ritesh Mahpare,Tulawati (ii) Yash Jadhav President (iii) Smt. Anita Vice President and unauthorized office bearers (iv) Bharat Dave (v) Ramesh Dave (vi) Shyam Dave of the society and (vi) R.C.Meena, Food Controller and started investigation.
The police have formally arrested Ramesh Dave, Bharat Dave and Shyam Dave because they were in custody under the National Security Act. The police conducted investigation and filed Challan against both of them on 02.05.2021 Learned senior counsel for the applicants submits that it is a case under the Essential Commodities Act and the offence u/s 409, 420 & 120-B of the IPC are not made out against the applicants. It is further submitted that excess quantity of grains was found in the shop because of non-distribution but presumption cannot be drawn that it was kept for black-marketing in the open market. During lock down the beneficiaries did not come to the shop to collect the material. It is at the most a case of violation of various distribution schemes and not an offence under I.P.C. The applicants were arrested on 23.01.2021. However, without affecting their right of defence they have deposited the amount, hence they may kindly enlarge on bail.
Learned Govt. Advocate has seriously opposed the application by submitting that the applicants are the main accused as they were managing the entire affairs of the shop. The applicants have withheld the food grains from being provided to the poor beneficiaries during this epidemic period for being sold in the open market by way of black marketing, hence offences are serious in nature and they are not entitled for the benefit of bail.
I have perused the case diary.
-4- MCRC No.47507/2021The Division Bench of this Court in W.P.No.5302/2021 vide ordr dated 15.7.2021 has set aside the order of detention of the applicants and thereafter vide order dated 16.8.2021 passed in MCRC No.38871/21 & MCRC No.38868/21 the applicants have been granted bail out of 7 FIRs registered against them. Learned senior counsel submits that the applicants have deposited the entire amount to compensate the alleged loss caused to the society . The investigation is complete and charge sheet has been filed. No further custodial interrogation of the applicants is required in the matter. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicants are directed to be released on bail upon each of them furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. The applicants shall surrender their passports before the trial court and they shall not leave the country without leave of this court. The trial court shall verify the deposit of the amount involved in this case before passing the releasing order.
Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
(VIVEK RUSIA) Digitally signed by HARI JUDGE KUMAR C G NAIR Date: 2021.09.28 14:43:09 +05'30' hk/