1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3083 OF 2010 Yogesh s/o Ramesh Gangwal Applicant Versus The State of Maharashtra & another Respondents Mr. R.A.Tambe, advocate for the applicant. Mrs. V.A.Shinde, A.P.P. for the Respondents. CORAM: A.V.POTDAR, J. DATE : 18 th August, 2010. P.C.: 1 By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.II-22/10, registered in Rahuri Police Station, District Ahmednagar, for the alleged offence under Sections 3 & 7 of the Essential Commodities Act. 2 The record shows that interim protection was granted to the applicant on the first day when the application was presented on 9th August, 2010. 2 3 Today, when the application came up for final hearing, heard Counsel for the applicant and learned A.P.P. for the Respondents. Also perused the papers of investigation. 4 It appears that the said crime came to be registered on the complaint of P.I., Rahuri Police Station, on 13th July 2010. It appears that on receipt of certain information, when the premises was raided by the police from Rahuri Police Station with the assistance of revenue officials, during the search, stock of 146 gunny bags containing wheat and 147 empty gunny bags were recovered. A person, by name Nandu Jadhav, who was in possession of those articles was put under arrest on 13th July, 2010. It appears that during his interrogation, name of one person revealed on 14th July, 2010, who has transported the wheat from the premises of three persons whose names are disclosed in the remand report dated 14th July, 2010. As it is alleged that the recovered commodity was collected by the said transporter from those three persons, whose names revealed during the interrogation of that transporter, it further appeared that during further interrogation of Nandu Jadhav and the transporter, name of the applicant is revealed as one of the person, with whose assistance, the recovered commodity was sold in the black market. Even though it was vehemently addressed that with the assistance of this applicant, the wheat was sold in the black market, but what was the help or assistance, the entire papers are silent. 3 5 Considering this aspect, a case is made out to release the applicant on anticipatory bail in the event of his arrest in the said crime. Hence, the application deserve following order: ORDER (a) Criminal Application is allowed. (b) Interim protection granted on 9th August 2010, is hereby extended till filing of the charge sheet. (c) Applicant to cooperate the investigation agency. (d) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln308310