Dilip Modi @ Dilip Kumar Barnwal vs. The State Of Bihar
Held
The Court granted pre-arrest bail to the petitioner, Dilip Modi @ Dilip Kumar Barnwal. The reasoning appears to be based on the petitioner's submission that he is a registered dealer for various taxes for a considerable period, is not a P.D.S. dealer, and has no criminal history. The absence of a specific order regarding storage quantities was also noted. The Court found these submissions sufficient to warrant anticipatory bail. The operative direction was to release the petitioner on bail upon his arrest or surrender before the court below within four weeks, subject to furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount, to the satisfaction of the S.D.J.M.-cum-Special Court, E.C.Act, Jamui. The conditions stipulated under Section 438(2) of the Cr.P.C. were also to be complied with. No issues were expressly left undecided.
Facts
The petitioner, Dilip Modi @ Dilip Kumar Barnwal, proprietor of M/s. Shiv Shakti Galla Bhandar, sought pre-arrest bail in GR Case No. 556/19, arising from Jamui PS Case No. 109 of 2019. The case was registered for an alleged offense under Section 7 of the Essential Commodities Act, 1955. The accusation stemmed from the recovery of 684 bags of rice (333.40 quintals), 675 bags of wheat (334.25 quintals) marked with FCI, 309 empty bags, one weighing machine, a weaving machine, and plastic bags. The petitioner claimed to be a registered dealer for Sales Tax, GST, and Income Tax for over 10-12 years, was not a P.D.S. dealer, and had no criminal antecedents. The judgment does not specify the authority that passed the order under challenge, nor the specific tax period or amount in dispute.
Key Issues
1. Whether the petitioner is entitled to pre-arrest bail in GR Case No. 556/19, arising out of Jamui PS Case No. 109 of 2019, registered for an offense under Section 7 of the Essential Commodities Act, 1955? Petitioner's Arguments: The petitioner argued that he is a long-standing registered dealer for Sales Tax, GST, and Income Tax, is not a P.D.S. dealer, and possesses no criminal antecedents. He also contended that there was no specific order regarding the permissible storage quantity of rice, wheat, and other food grains. Revenue/State's Arguments: The judgment does not record any specific arguments made by the opposite party (The State of Bihar).
Sections Cited
Section 7
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 26-06-2019 Heard the parties.
The petitioner seeks pre-arrest bail in G.R. Case No.556/19 arising out of Jamui P.S. Case No.109 of 2019 registered for the offence under Section 7 of the E.C.Act.
Accusation is of recovery of 684 bags rice in weight of 333.40 quintals, 675 bags wheat in weight of 334.25 quintals kept in bags of mark of F.C.I., 309 empty bag, 1 weighing machine, weaving machine and plastic bags were also recovered.
Learned counsel appearing on behalf of the petitio
The judgment continues below.
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