73-year-old ration shop owner gets anticipatory bail in Covid-19 wheat black marketing case

The Navsari District and Sessions Court has granted anticipatory bail to a 73-year-old fair price shop owner accused of illegally selling government-subsidised wheat in the black market during the Covid-19 pandemic.

Dalpatbhai Tandel had approached the court fearing arrest after an FIR was registered against him at the Maroli Police Station. The prosecution alleged that Tandel illegally diverted approximately 150 kilograms of government wheat—meant for subsidised distribution to ration card holders—and sold it to a co-accused for a total of ₹1,500. He was charged under Sections 3 and 7 of the Essential Commodities Act, 1955, and various provisions of the PDS Control Order, 2001.

Arguing for relief, the defence counsel maintained that Tandel was innocent, falsely implicated, and had no criminal history over his 36 years of running the shop.

The defence also highlighted a substantial delay of over six years in filing the FIR and emphasised the applicant’s advanced age and health issues. Conversely, the public prosecutor vehemently opposed the bail, citing the gravity of the offence and expressing concerns that the accused might not cooperate with the ongoing investigation.

The court observed that the offence is triable by a magistrate and carries a maximum punishment of seven years. Crucially, the court noted that the Investigating Officer’s affidavit did not seek custodial interrogation, and there was no prior criminal record against the accused.

Invoking the settled legal principle that "bail is a rule and jail is an exception", the court allowed the application. Tandel was granted anticipatory bail upon executing a surety bond of ₹25,000, under strict conditions to fully cooperate with the police and not influence witnesses.