1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 109 OF 2010 Prakash Bhimgonda Chandure .. Applicant V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Kirit H. Parekh with Mr. Ranjiv Singh for for the applicant. Mr. S.N. Gawade, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 2ND FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No.62 of 2009 registered at Shivaji Nagar Police Station, District Kolhapur for an alleged offence punishable under sections 3 and 7 of the 2 Essential Commodities Act. 3. The prosecution case in short is that on 19th December 2009 a petrol/diesel truck tanker was being decanted in Gajraj Automobile Petrol Outlet/Pump. On the basis of the information received, a raid was conducted and it was found that kerosene was being decanted for adulteration and mixing in the diesel stored in the underground tanks of the petrol outlet. Five persons, viz. the owner of the petrol outlet, 3 employees and the driver, were arrested. It appears that one of the employees stated that the kerosene, which was being decanted from the truck tanker, was purchased from the applicant. The applicant was accordingly arrested on 20th December 2009. 4. Learned A.P.P. was unable to point out any material available with the police to show that the kerosene, which was being decanted from the truck tanker to the underground tank of the 3 petrol outlet, was procured from the present applicant. In his statement, the employee has stated that he had procured bio-diesel from the applicant and has not stated that he had procured kerosene from him. 5. Learned A.P.P., on instructions of Mr. Phoolchand Chavan, Investigating Officer who is present in Court, submits that no other witnesses have stated that kerosene was procured from the present applicant. In view of this, the applicant can be released on bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing a personal bond of Rs.10,000/- with one surety of the like amount. (D.G. KARNIK, J.)