1 CR.APL NO.993/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. APPLN/993/2011 LAXMANRAO BHUJANGRAO LATE AND ANR V/S THE STATE OF MAHARASH TRA AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.J.Salunke, Adv., for the applicants. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:19/4/2011 1. Heard Mr. Salunke and learned A.P.P. extensively. 2. The accused/applicant no.1, based on alleged authorization, was dealing in transactions of disposing essential commodities applicant no.2 Shilabai. 3. Based on discreet information received by Police, a trap was laid and from the possession of one Shivaji Baburao Survase, kerosene used for domestic consumption, commonly called blue kerosene worth Rs.6800/-, weighing 400 liters was taken charge. Said Shivaji informed that it belongs to accused/applicant no.1 Laxmanrao Late 2 CR.APL NO.993/2011 as it was procured from his fair price shop in coordination with applicant no. 2 Sheelabai. 4. Learned A.P.P. has placed before me three Challans/receipts showing that the accused applicant No.1 Laxman, for and on behalf of Sheelabai has collected 900 + 300 liters of kerosene on 26.12.2010 and 900 liters kerosene on 20th Jan.,2011, to be distributed in the villages as essential commodity, however, it is not so done. This has been primarily stamped by Resolution of Sarpanch, Gram Panchayat, Chopanwadi, the village is attached to the shop of the accused/applicant. In addition, there is statement of Gavalabai of the said Chopanwadi who also illustrated that the villagers did not get the kerosene for the month of Dec.,2010, January, 2011, Feb.,2011, to the 225 card holders of the village. This situation stamps attempt and conduct of the accused/applicant, disposing the controlled commodity. Consequently, interrogation in custody is imperative. The assertion that the investigation or the trap was not laid by the authorized officer, at this 3 CR.APL NO.993/2011 stage of the matter, does not seem to be correctly addressed as the raiding party was headed by responsible Police officers. Application lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/993-11crapl