1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3472 OF 2011 RAJENDRA JAISING GIRASE Applicant VERSUS THE STATE OF MAH AND ANR Respondents .................................................................. Mr. P.B.Patil, Advocate for applicant. Mr.D.R.Korde,APP for the respondent. ................................................................... CORAM : SHRIHARI P. DAVARE, J. DATE : 16th AUGUST, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant- original accused No.2, seeking anticipatory bail in connection with Crime No.11/2011, Registered with Nandurbar Taluka Police Station, District Nandurbar for the offence punishable under section 3 and 7 of Essential Commodities Act. On the basis of anonymous 2 information received on 30.7.2011, the house of the applicant herein namely Rajendra Jaising Girase at Osaril, Tq. Nandurbar was searched by the Supply Inspector and 13,400/- liters of kerosene worth Rs.2,47,900/- was found and same was seized. It is alleged that said blue kerosene was meant for public distribution scheme. Accordingly, First Information Report came to be lodged by Dilip Suklal More, Supply Inspector, Tahsil Office, Nandurbar on 30.7.2011 against the applicant herein and co-accused namely Atul Prakash Torde whose name was given by the applicant herein that said stock of kerosene belonged to said Atul Torde. 3. It is the submission of learned counsel for the applicant that said house was given by the applicant to accused No.1-Atul Torde, on rental basis, and earlier also First Information Reports were lodged against said Atul Torde, under the Essential Commodities Act and it is the modus operandi of said accused No.1 Atul Torde to take house on rent and store the stock of kerosene therein illegally. In the said context, learned APP submitted that during the course of investigation, applicant only gave statement that said house has not been rented out. Moreover, learned APP 3 submitted that applicant has not produced any document on record to show that he rented his house to accused No.1, Atul Torde. 4. The investigation papers were made available for perusal and after hearing the learned counsel for the parties, apparently, the applicant herein has not produced any documentary evidence to show that his house was rented out to accused No.1, at the relevant time. Moreover, huge quantity of kerosene of 13,400/- liters valued to the extent of Rs.2,47,900/- was seized from the very house of the applicant herein which was allegedly meant for sale through public distribution scheme and, therefore, apparently, there is no possibility of false implication of the applicant in the alleged offence. Custodial interrogation of the applicant is necessary for the further constructive progress in the investigation. Hence, present application bears no substance and lacks merits and therefore, stands dismissed. These observations are primafacie observations, may not be used in other matter being decided on merits. [ SHRIHARI P. DAVARE ] JUDGE ... AAA/