1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1154 OF 2010 Mahadev s/o Shripati Khandagale ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri T.M.Vejane, advocate for the applicant Smt. Vaishali Shinde, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20th April, 2010 PER COURT : 1 Heard Shri T.M.Venjane, advocate for the applicant and Smt. Vaishali Shinde, A.P.P. for the respondent. 2 This is an application preferred by applicant seeking anticipatory bail apprehending his arrest under CR No. 3017 of 2009, registered at Bardapur police station, Taluka Ambajogai, District Beed 2 for the offence punishable under Sections 3 and 7 of the Essential Commodities Act. 3 It appears that the offence has been registered on the complaint lodged by P.S.I. Sheshrao Rathod on 11.12.2009 in respect of occurrence of the incident at about 2300 hours on 10.12.2009 contending that he received telephonic call from Sopan Sheshrao Tonde, resident of Chopanwadi, at the same time informing him that in the field of Gangadhar Ghule, a Tempo containing wheat bags was parked and the said Tempo bore registration no. MH-14/J-1204, but the driver and cleaner of the said Tempo had fled away and requested the complainant to send the police personnel to the said spot. Accordingly, the complainant along with A.S.I. Baste and police Head Constable Paul and patrolling employees, namely police Constable Mundhe and Darade and Shaikh arrived at the said spot at about 23.45 hours and took the survey thereof and found that wheat of Government Ration was piled there in the field and afore said Tempo was parked at nearby distance. Hence, police personnel took the search of the driver and cleaner of the said Tempo, but they found to be fled away taking advantage of the darkness. On inspection, the police personnel found that there was Government Ration wheat in bags of 30 Kgs. and same was seized along with Tempo under the panchanama. The said complaint also discloses that there were in all 58 bags containing each 50 Kgs. wheat amounting to Rs. 29,000/- and said quantity of wheat was seized along with the Tempo. 3 4 On the afore said background, learned counsel for the applicant canvassed that name of the applicant has not been figured in the first information report. It is also urged by learned counsel for the applicant that co-accused Navnath Gaikwad, to whom similar role like applicant has been attributed, has been enlarged on anticipatory bail by the learned Sessions Judge, Ambajogai, and therefore, the applicant is also entitled for anticipatory bail on the ground of parity. 5 Learned counsel for the applicant further submitted that the applicant has cooperated in the investigation when he was granted interim protection and further undertook that applicant would cooperate in the investigation, if present application is allowed granting anticipatory bail to the applicant. 6 While opposing the present application, learned A.P.P. Pointed out that the applicant is running a fair price shop at Takalgaon and Kamkheda and he hired the above referred Tempo to transport the said wheat in order to sell it in black market with a view of profiteering . It is also canvassed that the applicant had not distributed the wheat in the month of December, 2009, although he has lifted the quota of the food grains for the said month. It is also submitted that there are statements of villagers in that respect as well as complaint has been lodged before the Tahsildar accordingly. Hence, learned A.P.P. urged that custodial interrogation of the applicant is necessary for further 4 progress in the investigation. 7 On perusal of the investigation papers and after considering the rival submissions advanced by the learned counsel for the respective parties, at the out set, the role of the applicant in alleged commission of offence and the role of Navnath Gaikwad, whom anticipatory bail has been granted by the learned Sessions Judge, is different, since applicant herein is running fair price shop; whereas Navnath Gaikwad is not conducting any such shop. Moreover, apparently the applicant herein hired the Tempo for transporting the Government Ration wheat in order to sell it in black market with a view to profiteering. Moreover, it appears that the statements of witnesses have been recorded during the course of investigation and it is revealed from the said statements that the applicant has not distributed the quota of food grains/wheat to the villagers for the month of December, 2009, although he lifted the quota for the said month, and therefore, complaint has been lodged by some of the villagers to the Tahsildar, Renapur, Taluka Renapur in that respect. 8 Hence, in view of the said position and considering the accusations made against the applicant, it is apparent that there is no false implication of the applicant in the present offence. Moreover, the accusations made against the applicant are of serious in nature considering the gravity thereof, and therefore, custodial interrogation of the applicant is necessary for further progress in the investigation in 5 proper perspective. Hence, present application deserves to be rejected. 9 In the result, present Criminal Application No. 1154 of 2010 being sans merit stands dismissed. Interim protection, if any, stands vacated. 10 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1154.10