The petitioners in these petitions are A3 to A5 respectively and they are accused of offence punishable under Section 420 I.P.C. In this case, Government Text Books meant for free distribution to the students in Primary Schools were said to have been seized from possession of A1 and A2, who are Text Book traders in Guntur. No doubt, as laid down in Chinta Narasimha Vs. District Collector, Guntu r[1] , selling of Government Text Books is not an offence under Section 6-A of the Essential Commodities Act, 1955. The distinction in this case is that the books seized herein are Government Text Books meant for free distribution. Therefore, it is Government property. The said Government property was said to have been found in possession of A1 and A2 illegally. It is the prosecution allegation that the investigation revealed that A3 to A5 helped A1 and A2 in getting possession of the said Government property. A3 is Manager in Government Text Books Sales Office, Guntur. A4 is go-down Clerk and A5 is Security Guard in Government Text Books Sales Office, Guntur. It is alleged that A3 to A5 did the same for wrongful gain for themselves and causing wrongful loss to the Government.
