Hello All,
Please clarify on the following.
The main point of contention here is the validity of having two separate seizures documented in a single panchanama
During vehicle inspections, police apprehended two individuals illegally transporting subsidized rice. Both suspects revealed procuring the rice from a specific Fair Price Shop. The police filed an FIR against all three - the transporters, the shop dealer, and seized the rice and vehicle. Civil Supply inspectors then documented the case in a single panchanama. Following up, they physically verified the shop's stock and found discrepancies exceeding permissible limits. They seized the remaining stock at the shop. Every thing has been documented in a single panchanama and booked a Case under Section 6-A of the Essential Commodities Act, 1955.
the question is it legal to document two separate seizures (police seizure and shop stock seizure) in a single panchanama?
The defense lawyer argues that since these are two separate seizures at different locations, the inspectors should have prepared two separate panchanama reports - one for the shop dealer and another for the transporters. The defense is also having objection on the mediators, who were the witnesses both at the police station and the Fair Price Shop
please help