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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the aforesaid offence. Even otherwise, it is alleged that the applicant violated Clause 10(4), 11 of M.P. Public Distribution System (Control) Order 2015 and no offence is prescribed under the Essential Commodities Act for violation of Clause 10(4) of the Public Distribution System (Control) Order 2015. Even under Clause 10(4) of M.P. Public Distribution System (Control) Order 2015, it is mentioned that the person shall be prosecuted under Section 7 of the Essential Commodities Act only where more than 10% of the goods are found short. There is no evidence on record to show that the food grains and kerosene which was found less in the shop was more than 10% of the monthly allocation. So, no offence under Section 7 of the Essential Commodities Act is made out against the applicant. Even otherwise under the Essential Commodities Act all the offences are bailable. Applicant is ready to cooperate in the investigation. In the event of arrest, his reputation will be ruined. Under these circumstances, the applicant prays for grant of anticipatory bail.

In this regard, he also placed reliance upon the order passed by the co-ordinate bench of this court in the case of Rakesh Kumar Vs State Of M.P. passed in M.Cr.C. No. 26957 /2020 dated 05/09/2020, Amit Yadav Vs State Of M.P. passed in M.Cr.C. No.11754/2021.

Learned counsel for the respondent / State opposed the prayer and submitted that the applicant embezzled 304.85 quintal wheat, 257.19 quintal rice, 3.70 quintal salt, 80 Kg Sugar,3.34 quintal gram and 132-litre kerosene which was meant for distribution to poor people under the public distribution system. Other offences of similar nature are also registered against the applicant. Clause 16(2) of the M.P. Public Distribution System (Control) Order 2015 mandates that where it was found that the person committed a repeated violation of clause 13, he shall Mandatorily be Prosecuted for the offence under Section 7 of the Essential Commodities Act. All the offences punishable under Section 7 of the Essential Commodities Act are not bailable. The alleged offence is non-bailable.He further submitted that besides Essential Commodities Act, an offence under section 406 of IPC is also made out against the applicant which is also a non-bailable offence. The applicant has criminal past, so he should not be released on anticipatory bail.

5. Then came the Essential Commodities (Special Provisions) Act, 1981 (Act No. 18 of 1981) by which the words "and non-bailable"

were added in section 10-A of the Act. This amendment was not a permanent feature of the Act. It was for a specified period and it was extended from time to time. The said amendment ultimately lapsed after the expiry of the period of the Essential Commodities (Amendment) Ordinance, 1998 which was promulgated on 25-4- 1998. As the amendment which was incorporated in 1981 has come to an end by efflux of time, the words "and non-bailable" in section 10-A of the Act stand deleted. Therefore, section 10-A as amended in 1974 will hold the field now. As already discussed, the offences under section 7(1)(a)(ii) and 7(2) of the Act which are punishable with imprisonment for seven years are non-bailable by virtue of the provisions in Schedule I part II of the Code.