1 2026:CGHC:10749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 230 of 2026 • Abdul Samad S/o Abdul Sattar Aged About 21 Years R/o Nawagaon Ghuthera Road, P.S. And Tehsil Mungeli, Distt- Mungeli (C.G.) ... Applicant versus • State of Chhattisgarh Through- The S.H.O. P.S. City Kotwali Mungeli, District- Mungeli (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate with Mr. Benoon, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Dy.G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/03/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.0032/2026 registered at Police Station – City Kotwali, Mungeli, District- Mungeli (C.G.), for the offences punishable under Sections 3, 7(1)(2) of the Essential Commodities Act, 1995. 2. Case of the prosecution, in brief, is that on 10-01-2026, through the alert/ticket received in the ICCC Raipur "Sartak" app, it was mentioned in the data analysis relating to false some lifting/transportation/delivery of paddy by the concerned miller in VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.03 14:48:12 +0530 2 collusion with the procurement centers and with respect to possible non-genuine, fabricated transportation activities, that vehicles were transporting load more than 200 percent of their registered carrying capacity as per their registered vehicle capacity, which is not technically possible. Therefore, for enquiry in this regard, by order no. 1971/E/Steno Addl. Collector/2026, dated 12-01-2026, issued from the office of Collector, District Mungeli (C.G.), an enquiry team was constituted. During the work of paddy procurement at support price at 105 paddy procurement centers of the district under the directions of the Government, on analysis of the data related to vehicles transporting load beyond their registered carrying capacity received from ICCC at the State level, alerts were received that some vehicles transported paddy from 200 percent up to 1117 percent of their registered vehicle capacity. Therefore, in this regard, for enquiry as per rules of the concerned paddy centers and related rice mills, the enquiry team constituted for enquiry, on 12-01-2026 and 13-01- 2026, inspected the mill-cum-warehouse premises of the rice milling firm Upleta Rice Mill M.A. 638511, Upleta Rice Mill Μ.Α. 401259 and National Dal Mill Μ.Α. 639750 situated at NawagaonGhutera in presence of their proprietor-cum-operators Mohammad Yusuf and Naved Memon and witnesses. During enquiry, at National Dal Mill, FRK mixed rice 1536 bags, quantity 30 kilograms per bag, total 460.80 quintals, worth 19,35,360 rupees, which is supplied by the Government through PDS to eligible beneficiaries, was found stored under their possession without any valid authorization. During the enquiry, the mill owner Abdul Sattar was not present; in his place his son Abdul Samad, operator, National Dal Mill was present, whose statement was recorded. On issuing notice in this regard, a reply was submitted by Abdul Samad, operator, National Dal Mill. On enquiry, 3 it was found that proprietor of National Dal Mill M.A. 39750 Abdul Sattar, son of Gulam Kadar, and operator Abdul Samad, son of Abdul Sattar, resident of Daupada, Andrews Ward, Mungeli, had stored under their possession at National Dal Mill, without any valid authorization, FRK mixed rice 1536 bags, approximate quantity 30 kg per bag, total 460.80 quintals, approximate value 19,35,360 rupees, which is supplied by the Government through PDS to eligible beneficiaries. This amounts to violation of clause 5(29) of the Chhattisgarh Public Distribution System Control Order, 2016 and is punishable under section 3(7) of the Essential Commodities Act, 1955 and under IPC. 3. Learned counsel for the applicant submits that the principal allegation is that the vehicles used for transportation of paddy from the procurement centers were shown as carrying quantities far in excess of their registered load capacity, and on the basis of such technically impossible "overloaded" trips, the Investigating Agency is alleging bogus transportation and consequent misappropriation of paddy. He also submits that applicant further submits that applicant is neither the owner nor the person in charge of any of the vehicles in question, has never arranged, authorized, or supervised any loading or overloading of paddy, and has never issued or signed any transport document, gate-pass, or document relating to such alleged overloading. Further, without prejudice, it is submitted that even if any offence relating to overloading of transport vehicles is made out, the same, at best, attracts liability of the registered owner/permit holder of the vehicles and those who actually directed or benefited from such transport; the applicant, who is neither the proprietor of National Dal Mill nor the vehicle owner nor the transport organizer, is 4 a complete stranger to such alleged acts. He also submits that the alleged offence committed are not punishable with death or life imprisonment and do not warrant custodial interrogation. He also submits that in these circumstances, when the or gravamen of the offence is overloading / bogus transport, and when the Applicant has no role in vehicle ownership, overloading, documentation, the custodial interrogation of the applicant is neither necessary nor justified, and the applicant is entitled to the protection of anticipatory bail. Further, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. Learned State counsel has opposed the prayer, submitting that applicant has one criminal antecedent bearing crime No.35 of 2026 registered at Police Station City Kotwali, District – Mungeli (C.G.). He also submits that the allegations are serious in nature and involve economic loss to the State. It is contended that the applicant’s custodial interrogation is necessary, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the applicant is neither shown to be the registered owner nor the person in charge of the vehicles in question, nor is there any specific material at this stage indicating that he personally supervised the loading, issued transport documents, or directly benefited from the alleged transactions, Further investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 5 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abdul Samad on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali