Neutral Citation No. - 2025:AHC:117595 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 14249 of 2025 Applicant :- Mohd Jabbar Alias Abdul Jabbar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Irfan Ali,Wahid Jamal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. This application U/S 528 BNSS has been filed by the applicants to quash the charge-sheet dated 02.06.2023, cognizance order dated 18.12.2024 as well as entire proceedings of Case No. 6672 of 2024 (State Vs. Dinesh Chandra and others), arising out of Case Crime No. 0065 of 2023, under Sections 3/7 Essential Commodities Act, 1955, Police Station Tappal, District Aligarh, pending in the court of Additional Chief Judicial Magistrate Ist, Aligarh. It is the case of the applicants that loaded truck with 275 quintals of rice for which the entire documented papers required for transportation from a particular mandi to the destination situate at Delhi was available with the applicants. But just with an ulterior motive of harassing the applicants, the truck along with loaded rice has been confiscated and F.I.R. has been instituted by way of implicating the applicants in pursuance of Case Crime No. 0065 of 2023, under Sections 3/7 Essential Commodities Act, 1955. Being aggrieved with the institution of F.I.R., the same has been challenged by filing Criminal Misc. Writ Petition no... where the interim protection has been extended till submission of charge- sheet on the grounds as mentioned therein. During the course of investigation conducted by the Investigating Officer concerned, culminating into filing a charge-sheet on .., whereupon, cognizance of offence has been taken by the learned Court concerned on 18.12.2024, which arises out of the cause of action by filing instant application for challenging the entire proceedings along with charge-sheet, cognizance order for which applicant has been summoned vide order dated 18.12.2024 for appearing before the learned court concerned. Learned counsel for the applicants submits that applicants have already preferred personal bail bonds in pursuance of notice under Section 41-A and thereafter, preferred a release application for seeking release of truck and rice which was carried in the same truck and the same was allowed in favour of the applicant no.2 and applicant no.1, respectively. The implication of applicant no.3 was only on the basis of driver of the truck concerned. During the course of the argument, learned counsel for the applicants submitted that the confiscation as made by authority concerned is only on the apprehension and presumption that the commodity loaded inside the truck belongs to the commodity public distribution system, but there is hardly any narration available in the F.I.R. that the bars which are apparent and distinct in nature belongs to go-down of Food Corporation of India or some Government Agency. Once the entire evidence in shape of truck and commodity has already been released in favour of respective applicants, there is no case made out by the prosecution for dragging applicants into unwarranted criminal litigation. Per contra, learned AGA although opposed the prayer as made in the application and the stand taken by the applicant but at the same time did not disputed that the implication of the applicants is only on the apprehension by only observing the commodity in shape of rice which is broadly related and seems to be similar one as provided for public distribution system through fair price shop conducted and control by the control orders issued by the State of U.P. After hearing the rival submissions of respective counsels for the parties one this is crystal clear that narration of the F.I.R. is on the basis of apprehension and during the course of investigation no specific evidence has been brought by the concerned Investigating Officer for initiating prosecution against the applicants in whose favour the entire loaded commodity in shape of rice has been released, it is also not disputed by learned AGA that the concerned formalities which has been adopted for purchase, sell and transporting articles/ commodity is having any illegality or the same has not been complied with. In view of the aforementioned facts and circumstances there is hardly any scope available on the basis of strict proof of evidence for initiating prosecution against the applicant and as such entire proceeding arising out of Case No. 6672 of 2024 (State Vs. Dinesh Chandra and others), arising out of Case Crime No. 0065 of 2023, under Sections 3/7 Essential Commodities Act, 1955, Police Station Tappal, District Aligarh, pending in the court of Additional Chief Judicial Magistrate Ist, Aligarh is hereby set aside. The application stands allowed. Order Date :- 18.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad