1 Cri.Appln.No.3850/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3850/2010. Suresh Madanlal Zanwar Age: 60 Yrs., occu. Business R/o Adat Bazar, Ahmednagar. - APPLICANT VERSUS The State of Maharashtra and others - RESPONDENTS ***** Mr.RR Mantri, Advocate for Applicant; Mr.SB Pulkundwar, APP for Respondents. ----- CORAM : K.U.CHANDIWAL, J. DATE : 20th June, 2011. PER COURT : 1) Heard extensively. Rule made returnable forthwith by consent of parties. 2) On 23.7.2010, police constable intercepted a tempo, loaded with wheat, and retained the same by carrying at police station. Thereafter, on 26th July, 2010, crime No.92/2010, at the instance of said police constable, was registered against the accused/applicant for an 2 Cri.Appln.No.3850/2010 offence under Sections 3 and 7 of the Essential Commodities Act. 3) The accused/applicant, based on communication, informed that the goods were genuinely purchased by him from a trader/adat shop-keeper at Ahmednagar; and he had produced a receipt to that effect. Investigation was made with the Aadat shopkeeper, however, it revealed that one of such farmer was no more/dead. Even if such farmer is dead, it is not the accused/applicant, who is responsible, as goods/wheat was purchased from the Aadat shopkeeper at Ahmednagar, for which, the accused/applicant had a valid receipt. There is nothing to demonstrate that the goods/wheat was a commodity restricted from transportation and it was meant for any other purpose. 4) Taking survey of above aspects, the FIR against the accused/applicant is certainly abuse of process of law/court, consequently, it is 3 Cri.Appln.No.3850/2010 quashed and set aside. The claim for compensation is to be dwelt upon by the accused/applicant by an independent proceedings. The accused/applicant is at liberty to approach the very police authority or Food Supply Officer, with whom seized wheat is lying, to return the same or price thereof within sixty days of communication from the accused/applicant. Rule made absolute in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/