(1) criapln339-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 339 OF 2010 Mahendra s/o Jawalprasad Agrawal APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. D.S. Bharuka, advocate for the applicant. Mr. B.V. Wagh, A.P.P. for the respondent/State. .... CORAM : M.T. JOSHI, J. DATED : 13th APRIL, 2011 ORAL ORDER : 1. In the present application, under section 482 of the Criminal Procedure Code, the applicant is seeking quashment of the F.I.R. filed by District Supply Officer, Jalgaon against him for the offences punishable under section 3 and 7 of the Essential Commodities Act. 2. According to the F.I.R., the District Supply Officer visited the Flour Mill of the present (2) criapln339-10 applicant, named and styled as "Sunderpurlya Still and Roller Flour Mills Pvt. Ltd." on 4th December, 2009 at 9.30 a.m. At that time, in presence of the panch witnesses, various bags containing wheat valued at Rs. 22,10,500/- were found over which it was printed as of "Uttar Pradesh Khadyanikam, Haryana Food Suppliers, Punjab State Food Department" i.e. of Public Distribution system. The applicant could not explain about the stock of this wheat meant for Public Distribution System. Therefore, the same was seized and the crime as detailed supra came to be registered. 3. Mr. Bharuka, learned counsel for the applicant, submitted before me that the allegations are vague. The offence is described as merely the offence under section 3 and7 of the Essential Commodities Act without referring to any Order promulgated under section 3. Therefore, on the basis of these vague allegations, the crime could not have been registered. He further submitted that there is nothing to show that the wheat found in the Flour Mill of the applicant/accused was meant for Public (3) criapln339-10 Distribution System. On these two grounds, he submitted that the F.I.R. be quashed. 4. Mr. Baruka relied on "Prakash Babu Raghuvanshi vs. State of Madhya Pradesh" 2004 ALL MR (Cri) 3473 (SC) to buttress his argument that the allegations in the F.I.R. are vague. 5. Learned A.P.P. submits that the F.I.R. is not vague and the bags themselves show that the wheat was supplied by the Public Sector Undertakings and as such, was meant for Public Distribution System. 6. In the present case, in the F.I.R., it is described that the offence under section 3 and 7 of the Essential Commodities Act, 1955 is committed by the applicant/accused. In the case of "Prakash Babu Raghuvanshi" (supra), it was found that no Order was promulgated and merely for the breach of "Madhya Pradesh Sarvajanik Purti Vitaram Scheme, 1991", the offence was registered. In the present case before me, the F.I.R. does not disclose any Scheme or Order. However, it is not even necessary in the F.I.R. to (4) criapln339-10 describe the offence by any section because the complainant has to merely state the facts and it is for the investigating agency and the Court ultimately to find out a to what offence is made out at the time of filing of the chargesheet and at the time of framing of the charge respectively. Besides this, the applicant has filed a true copy of the Order passed by the concerned Judicial Magistrate (First Class) in the application filed by the applicant for releasing him on bail. In para-11, it is disclosed that an order, named and styled as "the Maharashtra Foodgrains Rationing (Second) Order, 1966" is in force and for breach of the provisions of the said Order, the crime is registered for the offences under section 3 (2) (j) and Section 7 of the Essential Commodities Act. Under the circumstances, the statement in the F.I.R. cannot be said to be vague. 7. As regards the next of the submission that the wheat is not shown to be wheat meant for Public Distribution System, the F.I.R. as well as panchanama shows that the wheat was found in the gunny bags which were showing the name of "Uttar Pradesh Khadya (5) criapln339-10 Nigam, Haryana Food Suppliers and Punjab State Food Department, etc." The source of the wheat is a matter of evidence. Prima facie, it was found that the wheat was in the gunny bags of various Public Sector Undertakings of Uttar Pradesh, Haryana, Pubjab, etc. Under the circumstances, in the extraordinary inherent jurisdiction of this Court, the F.I.R. cannot be quashed. The application is, therefore, dismissed. [M.T. JOSHI, J.] NPJ/criapln339-10