1 CR.APL NOS. 1202/2011, 1276/2011, 1208/2011, 1505/2011,1522/2011, 1450/2011, 1309/2011 1619/2011, and 1654/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 905. APPLN/1202/2011 VENU UMAKANT CHOUDHARY AND [Criminal] ANR V/S THE STATE OF MAHARASHTRA WITH APPLN/1276/2011 GODAWARI MAROTI MOTIPAWALE AND ORS V/S THE STATE OF MAH THR.UDGIR CITY P.S. WITH APPLN/1208/2011 DHONDUBAI PREMJI NITNAWARE V/S THE STATE OF MAHARASHTRA AND ORS WITH APPLN/1505/2011 DHONDIRAM BABARAO MALSHETTE V/S THE STATE OF MAHARASHTRA AND ANR WITH APPLN/1522/2011 SUSHILABAI KUMAR CHAUDHARI V/S THE STATE OF MAH ANDANR WITH APPLN/1450/2011 GUNWANT NIVRUTTI BIRADAR AND ORS V/S THE STATE OF MAHARASHTRA AND ANR WITH APPLN/1309/2011 DAYANAND NARSING SHINDE V/S THE STATE OF MAHRASHTRA AND ANR WITH APPLN/1619/2011 NISAR AHMED KHAN HUSSAIN KHAN (N A KHAN) AND ANR V/S THE STATE OF MAHARASHTRA AND ANR WITH APPLN/1654/2011 ABDUL SHUKUR MOHAMMED IBR AHIM V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. B.R.Warma, Mr. D.J.Choudhari, Mr. V.G.Sakolkar, Mr. S.S.Pawar, Mr.P.G.Rodge, Advocates, for respective applicants. Mr. K.S.Patil, A.P.P. for State. ... ... 2 CR.APL NOS. 1202/2011, 1276/2011, 1208/2011, 1505/2011,1522/2011, 1450/2011, 1309/2011 1619/2011, and 1654/2011 CORAM: K.U.CHANDIWAL, J. DATE:26/4/2011 1. Heard learned Counsels and learned A.P.P. finally. 2. The applicants are licensees for fair price shops at Udgir. The licenses are renewed time to time. 3. Several instances were noticed of distribution of essential food-grains to persons holding fake Ration cards. The applicants submit, ration cards were issued, by the Supply Department, to few persons, who were not in existence and the fair price shop dealers/applicants have distributed food supplies under the ration cards issued to such non existent persons. This was without verification of identity of such ration card holders. 4. The respective Counsels submit that it is not within domain of applicants to inquire into the identity of each of the ration card holder as the genuineness of the ration cards are verified by the competent issuing authority in which the fair price shop 3 CR.APL NOS. 1202/2011, 1276/2011, 1208/2011, 1505/2011,1522/2011, 1450/2011, 1309/2011 1619/2011, and 1654/2011 licensees have no role to play. I find substance in these submissions. 5. During the course of arguments, it is pointed out, the incriminating stock registers, the distribution registers sale and receipt books are taken charge by the investigator. 6. No other criminal record to the discredit of the accused/applicants. They have faced brunt of suspension of their fair price shop licenses. It is for the competent authorities to sternly deal with the irregularities noticed at the fair price shops of the accused/applicants. 7. Learned A.P.P. submits, the fake ration cards are issued by the officers of the Supply Department from Tehsil Office, Udgir. Their nexus is to be inquired into and therefore, custody of these applicants is warranted. I do not see, for that purpose, custody of applicants is essential as the investigator has the 4 CR.APL NOS. 1202/2011, 1276/2011, 1208/2011, 1505/2011,1522/2011, 1450/2011, 1309/2011 1619/2011, and 1654/2011 details from the record seized, as to who was the concerned officer facilitating issuance of ration cards to the non existent persons or who were already dead. 8. Taking survey of all the facts, custodial interrogation of the accused/applicants in each of the matter is not imperative. Hence, order: ORDER (a) In the event of arrest of the accused/applicants, in each of the application (Applicant Nos. 1 Sow Venu w/o Umakant Choudhary, No.2 Sow.Amaravati w/o Ramesh Khamitkar in Cri.Application No.1202/2011, Applicant Nos. 1 Smt.Godawari w/o Maroti Motipawale, No.2 Saraswati w/o Shrirang Kamble, No.3 Suman w/o Venkati Rathod and No.4 Bhagwan s/o Manik Madale in Criminal Application No.1276/2011, Applicant Dhondubai w/o Premji Nitnaware in Criminal Application No. 1208/2011, Applicant Dhondiram s/o Babarao Malshette in Criminal Application No.1505/2011, Applicant 5 CR.APL NOS. 1202/2011, 1276/2011, 1208/2011, 1505/2011,1522/2011, 1450/2011, 1309/2011 1619/2011, and 1654/2011 Sushilabai w/o Kumar Chaudhari in Criminal Application No.1522/2011, Applicant No.1 Gunwant s/o Nivrutti Biradar, No.2 Nagnath s/o Vaijanath Malshette, No.3 Bhimashankar s/o Mahadappa Mudda in Criminal Application No.1450/2011, Applicant Dayanand s/o Narsing Shinde in Criminal Application No.1309/2011, Applicant No.1 Nisar Ahmed Khan s/o Hussain Khan (N.A.Khan), No.2 Ziya Mohamad Khan s/o Manzoor Ahmed Khan in Criminal Application No. 1619/2011, Applicant Abdul Shukur s/o Mohammed Ibrahim in Criminal Application No.1654/2011), be released on furnishing P.R. bond and surety in the sum of Rs.10,000/- ( Rs. Ten thousand) each. Each of the accused/applicant to attend the investigator on every Thursday and Sunday between 3 p.m. to 6 p.m. till 30th June, 2011. The applicants/accused shall not influence the witnesses and shall coordinate with the investigator to furnish names of the officers who allegedly have issued or facilitated issuance of ration cards to non existent persons. The officers who 6 CR.APL NOS. 1202/2011, 1276/2011, 1208/2011, 1505/2011,1522/2011, 1450/2011, 1309/2011 1619/2011, and 1654/2011 have allegedly verified Ration Cards during Inspection of fair price shops be named to the investigator. The applicants/accused will also endeavour to demonstrate from the sale registers, purchases made by the persons, if known to the applicants/accused. All the applications allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1202-11craplgr