The court rejected the bail on the grounds that the crime committed was of serious nature since it affects the public distribution of food and essential commodities
A Jogeshwari-based ration shop owner had approached the Dindoshi Session's court seeking anticipatory bail in a case registered against him by the Oshiwara police station for misappropriation of food grains received for distribution purpose. The court rejected the bail on the grounds that the crime committed was of serious nature since it affects the public distribution of food and essential commodities.
Mohanlal Rawal, 65, was booked under the offence of Essential Commodities Act, Provisions of National Food Security Act, Maharashtra Foodgrain Rationing Regulation act, Bombay Rationing Area Schedule Commoditiess (Regulation of Distribution) Order and provisions of The Public Distribution System (Control) Order
The accused while running the rationing shop had committed certain irregularities. He used to provide ration items to persons who were not residing on the address mentioned in the ration card. The allegations further include that stock of 16 kg rice and 72 kg wheat were found to be less as per the record of stock and sale of food essentials.
The accused in the application said that as far as the ration cards, the holders of which were not found residing on the given address are concerned, the ration card issuing authority is different and applicant has nothing to do with it. However, with regard to shortage of the rice and wheat, he submitted proof that there was no shortage of these food items. The damaged stock available in the shop of the accused was not considered by the Rationing Inspector in the course of the inquiry.
The prosecution, however, opposed the anticipatory bail. The prosecution said that the offence committed affects public distribution system of food items.
"It is submitted that custodial interrogation is necessary to find out the truth behind providing the controlled articles to the persons who are not residing on the address given on the ration card. Therefore it is not a fit case in which anticipatory bail may be granted," reads the order copy.
The court after going through the evidence held that there was merit to the prosecutor's submissions. "Custodial interrogation will be required of the applicant in respect of various allegations made in the FIR. Even if the applicant is not the issuing authority of the ration cards, he has to explain how the food items were provided on such ration cards and also in respect of shortage of stock."
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