TITLE Parixit Dilipkumar Vyas Versus State of Gujarat
Decided On September 21, 2023
10158 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
INTRODUCTION-
The applicant accused has asked to be released on anticipatory bail in the current application under Section 438 of the Criminal Procedure Code, 1973, in the event that he is arrested in connection with offences punishable under Sections 3 and 7 of the Essential Commodities Act as well as Sections 406, 409, 120(b), 465, 467, and 471 of the Penal Code, 1860.
FACTS OF THE CASE
The applicant claims that because of the nature of the allegations, a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice. A knowledgeable attorney for the applicant claims that the current applicant has been wrongfully accused of the crime. He is powerless to stop the crime.
Learned attorney, the current applicant worked as a transport contractor between September 27, 2021, and March 22, 2023. It is claimed that the only task entrusted to the current applicant was to deliver the goods from the FCI godown to the Ranavav godown. No shortage is noticed during the said goods’ transportation. The claim made against the current applicant is that he violated the contract’s condition and submitted the contract in an irregular manner because he used the Unauthorised individuals
COURT ANALYSIS AND DECISION
On behalf of the respondent, a second public prosecutor testified that anticipatory bail should not be granted due to the seriousness and nature of the crime. According to an expert APP, the current applicant is complicit in the current crime and the elaborate conspiracy that was hatched. According to the argument, essential commodities like wheat, rice, sugar, grammes, tuvar pulse, and groundnut oil worth Rs. 99,77,551/- are syphoned, and in this regard, an offence is registered following an investigation. It appears that the go-down keeper, Supervisor, and transporter were all involved in this crime. The applicant is accused of conspiring with others after it is claimed that they stole the aforementioned sum and falsified the stock register and gate passes. It is alleged that the current applicant is complicit in the crime and that the scam is being carried out at his direction. It is argued that because the applicant was involved and a shortfall was discovered during the transportation process despite the fact that it was illegal to sublet the contract and he had hired a private individual through a subcontractor, the applicant reaped unjustified benefits and devised the conspiracy. So, an incarcerated interrogation is necessary. He therefore asked that the current application be rejected. It appears that the go-down keeper, Supervisor, and transporter were all involved in this crime. The applicant is accused of conspiring with others after it is claimed that they stole the aforementioned sum and falsified the stock register and gate passes. It is alleged that the current applicant is complicit in the crime and that the scam is being carried out at his direction. It is argued that because the applicant was involved and a shortfall was discovered during the transportation process despite the fact that it was illegal to sublet the contract and he had hired a private individual through a subcontractor, the applicant reaped unjustified benefits and devised the conspiracy. So, an incarcerated interrogation is necessary.
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Written by- Steffi Desousa
