SHAGUFTA NAAZ SHAIKH FAZALURRAHMAN v. THE STATE OF MAHARASHTRA & Anr.
Case at a glance
Outcome
Allowed
In the result, application is allowed by confirming
Provisions considered
- Essential Commodities Act, 1955 ss. 3, 7
Key paragraphs
- Para 66. In the result, application is allowed by confirming interim order dated 10/11/2022. Till filing of charge-sheet, applicant shall attend concerned police station as and when called by Investigating Officer and cooperate in the investigation. Applicant shall not tamper prosecution evidence. (NITIN B. SURYAWANSHI, J.)
Judgment
SHAGUFTA NAAZ SHAIKH FAZALURRAHMAN VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. Wajeed Ahmed Shaikh, Advocate for Applicant Mr. A. A. Jagatkar, APP for Respondents – State ... CORAM : NITIN B. SURYAWANSHI, J. DATE : 17th JANUARY, 2023 PER COURT :
Applicant apprehends arrest in Crime No.392/2022, registered with Nanalpeth Police Station, Parbhani, for offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955.
FIR is lodged by a Police Inspector, Local Crime Branch, Parbhani, alleging that on secret information they have raided Matin Trading Company run by Shaikh Matin Shaikh Rashid and his brother Abdul Ajij Abdul Rashid, wherein they found food-grains and pulses meant for Shaley Poshan Ahar. During the course of investigation, name of the applicant was revealed that she has sold some food-grains and pulses to the accused persons.
Heard learned advocate for applicant and learned Additional Public Prosecutor for respondents – State. Perused the investigation papers. SVH 2 905-ABA-1442-22.odt
Name of the applicant is not mentioned in the FIR. From the investigation papers it appears that President of the School in which applicant is Headmaster, has sold the food-grains and pulses meant for Shaley Poshan Ahar to the accused persons.
Applicant has no criminal antecedents. Applicant was granted interim protection and she has cooperated in the investigation. Considering the said fact and the fact that applicant is Headmaster and a woman, her custodial detention and/or interrogation is not necessary in the facts of the present case. Applicant, therefore, deserves protection.
Operative part
In the result, application is allowed by confirming interim order dated 10/11/2022. Till filing of charge-sheet, applicant shall attend concerned police station as and when called by Investigating Officer and cooperate in the investigation. Applicant shall not tamper prosecution evidence.
(NITIN B. SURYAWANSHI, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, application is allowed by confirming
Which statutory provisions did this judgment involve?
Essential Commodities Act, 1955 — ss. 3, 7.
Which court decided this case, and when?
Bombay High Court, on 17 Jan 2023. The bench was NITIN B SURYAWANSHI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.