IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4024 OF 2008 CRI.APPLICATION NO.4024 OF 2008 CRI.APPLICATION NO.4024 OF 2008 1.Jaswant R.Thakkar, 2.Suganram Dungar Rabari, 3.Sunilkumar Ramnarayan Jaiswal, Applicants. Vs The State of Maharashtra, Respondent. Mr N.R.Bubna, for the applicant. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 19/11/2008 DATE : 19/11/2008 DATE : 19/11/2008 PC: PC: PC: 1. Heard Mr.Bubna, learned counsel for the applicant and Mr.Yagnik, learned APP, for the State. 2. The applicant is seeking anticipatory bail in C.R. No.I-13/2008 of Manmad City Police station, District-Nashik. The said crime has been registered against the applicant and 15 others under sections 465,467,468 of IPC, 3,7,8,9 of Essential Commodities Act and 4,5 of Explosive Substances Act r/w clauses 3(1)(2)(3) of the Maharashtra Solvent Raffinate (Acquisition, Sales, Storage and Prevention of use in Automobiles) Order 2000. 3. It is the case of the prosecution that on 22.1.2008, on receipt of an information, two tankers bearing No.HR-51 GA 1676 and MH 04 CA 7104 were intercepted by the police when it was found that both the tankers were carrying Pentene (for short, "said chemical") to some wrong destination when they were destined for Rajasthan and Chhatisgarh. The said chemical was loaded at village Ghandhar in Gujarat at the chemical factory of GAIL. The said company (GAIL) had issued necessary Bilty and Bills disclosing that the said chemical was to go to M/s Dhanlaxmi Coating Pvt Ltd, Post Wapi, Dist Bausa, Rajasthan, and village Kasturi, Dist-Bastari, Chhattisgarh State. When the tankers were intercepted, the drivers did not produce original documents and they were found in possession of the false and fabricated bilties and bills showing that the said consignments were for some destinations in Tamil Nadu. Applicant no.1 is the owner of Raghuvir Transport company. Applicant no.2 is Manager in the said company, whereas applicant no.3 is Manager of NV.Bulk Transport company. These transport companies own one tanker each, involved in this case. I have perused the FIR and the other material on record. It is clear from the material on record that at the instance of the present applicants, the drivers of the tankers produced before the police forged and fabricated documents,suppressing original documents. The tankers were sent by the applicants by changing the original documents. The police have, so far, done extensive investigation in the case and they want to further find out as to who are the persons responsible for preparing false and forged bills and bilties and also to investigate whether the said chemical, which can also be used for explosion, was to be used for any illegal purpose and whether any racket was working behind it. Mr.Yagnik, learned APP, submitted that the applicants have not cooperated with the investigation at all when they were directed to report to the police station during pendency of their application before the Sessions Court. In the circumstances, I am satisfied that this is not a fit case to grant anticipatory bail to the applicants. Hence, the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)