HANUMAN BHAGWAN WARHADE AND ANOTEHRversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:7932-DB
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO.1598 OF 2025

                1.     Hanuman s/o. Bhagwan Warhade
                       Age 32 years, Occu. Labour,
                       R/o Roshanpura, Balepir,
                       Nagar Road, Beed
                       Tq & Dist. Beed.

                2.     Satish s/o. Sheshrao Waghmare,
                       Age 35 years, Occu : Labour,
                       R/o : Antharwanpimpri, Tq. & Dist. Beed.
                       At Present Charhata Phata, Beed
                       Tq. & Dist. Beed.                        ..Applicants
                       VERSUS
                1.     The State of Maharashtra
                       Through : The Police Inspector’
                       Majalgaon City Police Station,
                       Tq. Majalgaon, District : Beed.

                2.     Balaji s/o. Shesherao Darade,
                       Age 51 years, Occu : Service as police
                       constable B.No.1224,
                       R/o. S.D.P.O. Kaij, Dist : Beed.            ..Respondents
                                                     …
                                Mr. S.S. Solanke, Advocate for Applicants
                          Mr. S.R. Yadav-Lonikar, APP for Respondent/State.
                                                     ...
                                            CORAM : S. G. CHAPALGAONKAR, J.

                                           DATED : FEBRUARY 06, 2026


                FINAL ORDER :-

                1.           The applicants seek quashment of First Informant Report

                (in short ‘F.I.R.’) dated 12.02.2022 and consequential proceedings in

                R.C.C. No.87 of 2022 pending before learned Judicial Magistrate First

                Class, Majalgaon, District Beed arising out of Crime No.34 of 2022
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registered with Majalgaon City Police Station, Taluka Majalgaon,

District Beed for offences punishable under Section 3 and 7 of

Essential Commodities Act, 1955.

2.          The investigation was set in motion on the basis of

information given by Mr. Balaji Sheshrao Darade contending that he

was attached to Sub-Divisional Police Office, Kaij, District Beed. On

11.02.2022, he received secret information that food grains meant for

public distribution are stored in a warehouse at Bramhangaon Shiwar

for being transported to Gujarat for sale in black market. The raid

was carried along with panchas. It was revealed that a truck bearing

Registration No. MH-51-FV-6357 was loaded with food grains and it

was being covered by tarpaulin and rope. The applicants were persons

who found on spot. Applicant no.1 alleged to have informed that he

loaded rice bags with help of labours for transportation to Gujarat.

Purchase bill of rice packed in bags was not available with them. On

inspection of truck, 558 gunny bags of 50 kg worth Rs.6,98,000/-

were found loaded in truck. The truck along with goods was seized

and report was lodged for offences punishable under Section 3 and 7

of Essential Commodities Act, 1955       against in all three accused

person including applicants and accused no.1 – Yunus @ Yusuf Isaq

Attar. Aforesaid information culminated in F.I.R. in Crime No.34 of

2022 registered with Majalgaon City Police Station. The investigation

progressed and charge sheet has been filed. Eventually, R.C.C. No.87
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of 2022 is pending before Judicial Magistrate First Class, Majalgaon.

The learned Magistrate issued process vide order dated 04.05.2022.

3.           Mr. Solanke, learned advocate appearing for applicants

submits that contents of F.I.R or charge sheet are insufficient to make

out triable case for offence punishable under Section 3 and 7 of

Essential Commodities Act, 1955.          He would submit that as per

averments in F.I.R., applicants were found on spot along with truck

containing goods, which were meant for sale through public system.

However, there is absolutely no material to show that gunny bags

containing rice were meant for sale through ration shop. None of the

officer in-charge of public distribution system has confirmed that

goods seized in truck were pertaining to public distribution through

fair price shop. Accused no.1 had purchased goods from open market

and loaded in truck. The applicants had no concern with said goods.

He would point out that accused no.1 produced receipt of purchase of

goods from wholesaler. Accordingly, learned Magistrate has directed

handing over of goods to him. He would therefore urge that none of

ingredients of Section 3, which are punishable under Section 7 would

attract in facts of present case.

4.           Mr. Solanke would further point out that accused no.1

had filed a Criminal Application No.1655 of 2022 for quashment of

F.I.R. and further proceedings in self same crime. This Court vide

order 11.03.2025 allowed application and quashed the proceeding in
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R.C.C. No.87 of 2022 arising out of Crime No.34 of 2022 as against

accused no.1 – Yunus @ Yusuf s/o. Isaq Attar.

5.          Having considered submissions advanced by learned

advocates appearing for applicants, it can be observed that charge

sheet has been filed without there being any document or prohibitory

order for sale of goods seized by investigating officer. Accused no.1

was owner of goods. He had purchased same from open market and

learned Magistrate has released those goods in his favour.            The

contents of charge sheet nowhere depicts that there is violation of

order made under Section 3 Essential Commodities Act, 1955.

However, charge sheet is filed without investigation and material on

aspect of existence or breach of order as contemplated under Section

3 of Act of 1955.

6.          Perusal of order dated 11.03.2025 passed in Criminal

Application No.1655 of 2022, which was filed by accused no.1 shows

that this Court made specific observations that there is no breach of

order by authority as per Section 3 of Essential Commodities Act,

1955. The evidence collected by investigating officer is not sufficient

to hold applicant liable. The essential ingredients of Section 3 and 7

of Essential Commodities Act, 1955 are not established from report of

statement of witnesses. Accordingly, proceeding is quashed against

accused no.1.
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7.                 In light of aforesaid observations, when no case could be

made out against accused no.1, who was alleged to be in possession

of seized goods, applicants, who were helpers in loading of goods

cannot be prosecuted for offences as charged. In this background, it is

imperative to exercise inherent powers under Section 482 of Criminal

Procedure Code. Hence, the following order :

                                     ORDER

(i)          The application stands allowed.

(ii)         The First Information Report and the consequential proceedings

in R.C.C. No.87 of 2022, pending before learned Judicial Magistrate

First Class, Majalgaon, Dist. Beed, arising out of Crime bearing No.34

of 2022, registered with Majalgaon City Police Station, Dist. Beed on

12.02.2022, for offences punishable under Sections 3 and 7 of

Essential Commodities Act, 1955 stands quashed against the

applicants.




                                              (S.G. CHAPALGAONKAR, J.)




Mujaheed//