Jammu, July 10,:- Additional Sessions Judge Jammu Tahir Khurshid Raina today rejected the bail application of one Ashok Kumar who was allegedly involved in misappropriation of Govt Ration meant for General Public.
While rejecting the bail application, Additional Sessions Judge Jammu Tahir Khurshid Raina after hearing Adv PC Sharma for the applicant whereas Sr. PO for the State, observed that Fact remains that these Government Ration Depots are meant to give eatables to poor people on the meager rate so that this section of have-nots of the society can survive without starvation. But the irony is that by its misappropriation by people like accused and their ilk, the target beneficiary of the govt remains deprived of their due share . It is to ensure two coarse meals a day to the poor , But when this lofty goal of the govt gets frustrated mid way by the greedy people like accused and co-accused , the whole object of welfare state gets frustrated and the sufferer is the already suffering class of the society who are toiling hard to address their hunger, to have food just for their mere survival.
Court further observed that when the poor are dying on account of starvation and Government is trying its best to address this grave issue by providing food items to such people at a meager rate, the accused and their ilk are frustrating this lofty acts of the Government , just for satisfying their own greed of having enough of money and material at their disposal.
Additional Sessions Judge Jammu Tahir Khurshid Raina further observed that Ours is a welfare state where in all such steps are taken by the govt to ensure the survival of even the poorest of the society by providing food Items on consolidated rates. However, whole material on record manifestly reflects the rank criminality of the accused whereby he has deprived the& poor and common people of their rights and due shares. Such accused cannot now claim his right to life and liberty . His incarnation is must in the interest of the society to save the society of his detestable activities. It is a message to him and his ilk not to resort to such nefarious practices whereby they enjoy their rights to the fullest and misuse them as well at the cost of others.
Court further observed that as per the fresh status report dated 07.07.2019 filed before the court and as stated by the 1.0 , the son of the accused/applicant who is co-accused in the case is entrusted with the Govt Ration Depot for supply of same to the people of area where the said Govt Depot is located . However, an information was received on 12.06.2019 at Police Station Nowabad that accused/applicant in conspiracy with co-accused who is his son and with another co-accused who is their servant , misappropriates the Govt Ration supply and then accused -applicant sells it from his own Private store to the people on market rates. He has dumped the govt supply flour (Atta) in his own managed godown which was meant for public distribution on meager sum. On receiving of the information , an FIR No. 99/2019 got registered u/ss. 406/407 RPC read with section 3/7 E.C Act. The Assistant Superintendent of police along with Executive Magistrate rushed to the spot. On their search of the Private store and godown of the applicant, total number of 542 sacks of flour were recovered which include PDS flour as well and some other filled sack of flour containing mark of some private mills of Jammu.
Additional Sessions Judge Jammu Tahir Khurshid Raina while rejecting the bail application, observed that Though bail is a rule and Jail is an exception , but the said principle of criminal justice system has to be applied justly not blindly. Keeping in view principles laid down for grant of bail and when seen in context of whole chain of facts revealed in the foregoing paras , Court feels apt not to exercise discretion of grant of bail in favour of accused at this stage of investigation.
