Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1523 of 2019 Petitioner :- Mzaheer Husain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 30.08.2018 registered as Case Crime No.432 of 2018, under Section 420 IPC, Section 3/7 of Essential Commodities Act and Section 66 of Information Technology Act at police station Dhampur, District Bijnor.
The petitioner is a fair price shop dealer and has been made an accused of offence punishable under Section 420 IPC and Section 3/7 of Essential Commodities Act.
The allegation in the First Information Report is that by utilizing two Adhaar Cards multiple transactions, namely, 100 in number, were made through activation machine placed at his fair price shop for the purpose of release of scheduled commodities to different card holders. Further allegation is that Adhaar Card is to be utilized as authentication document by which the release of scheduled commodity is authenticated and therefore each Adhaar Card must relate to separate Ration Card but here on the basis of two Adhaar Cards making multiple transactions would suggest that release of essential commodities has been secured to sell off the commodities in black market.
According to the learned AGA, Adhaar Card is unique to each Ration Card holder/Unit and distribution is activated through it. If a common Adhaar is used for multiple units/cards, it can be assumed that distribution has been made to fictitious persons thereby suggesting that the Scheduled commodity has been black marketed.
The contention of learned counsel for the petitioner is that although the first information report may disclose commission of offence but in similar matters, though in different criminal cases, various Benches of this Court have given protection to the accused till completion of investigation by placing reliance on an order dated 04.12.2018 passed by Apex Court in Special Leave to Appeal (Crl.) No.10282 of 2018.
We have perused the order passed by the Apex Court dated 04.12.2018. That order appears to be on the facts of that case in which no law has been laid down and the facts of that case have not been disclosed. Moreover, it related to some other criminal case. Hence, the said order cannot be taken as a precedent.
So far as the present case is concerned, the first information report demonstrates as to how distribution of scheduled commodities is managed through authentication machine placed at the end of fair price shop dealer. The allegations are to the effect that 100 transactions were made by utilizing two Adhaar Cards which disclose that there has been fraudulent distribution of essential commodities and under the circumstances possibility of black marketing cannot be ruled out.
At this stage, the learned counsel for the petitioner stated that without collusion of other technical hands such large scale bungling was not possible, therefore, the petitioner is entitled to protection till completion of investigation.
Be that as it may, since the petitioner is a fair price shop dealer and the commodities have been released at his end and authentication has been through a machine placed at his end, prima facie, the petitioner would be the first person to come to know of multiple transactions being made on a unique identity. Hence, the involvement of the dealer, at this stage, cannot be ruled out. Further, as the matter partakes the character of a large scale bungling any protection to the petitioner by this court may create hurdle in the investigation. Hence, we decline to entertain this petition.
The petition is dismissed.
Order Date :- 22.1.2019 AKShukla/-