(1) CRI.APP. 3963.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3963 OF 2010 1. Ramesh S/o Satyanarayan Gupta, Age : 48 years, Occu.: Business, R/o. Row House no.1, Atur Park, Naylor Road, Pune-1 2. Hitendra Brijkishore Choudhary, Age : 30 years, Occu.: Service, R/o. Tarakpur, Ahmednagar, Dist. Ahmednagar .. Applicants (Orig. Accused) VERSUS The State of Maharashtra Through the Police Station, Nagar Taluka, Dist. Ahmednagar .. Respondent ... Mr. Rajendra S. Deshmukh, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH NOVEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail. The applicants are said to be the owners and manager of the Rice Flour Mills called "K.C. Roller Flour Mill". On basis of secret information, after midnight of 25.8.2010, the godown no.1 of said Flour Mill was raided. The Production Manager was found at the (2) CRI.APP. 3963.2010 site. In his presence, samples of wheat were collected from the stock of wheat which was found in the gunny bags. There were 10675 gunny bags containing 60 Kg. wheat each. The prosecution alleges that the wheat was meant for public distribution system. 2. The applicants apprehended their arrest in connection with crime no. 46 of 2010 registered at Nagar Taluka Police station for offences under section 3 r/w. 7 of the Essential Commodities Act, 1955. 3. Heard learned Advocate for the applicants and learned APP. Perused the investigation papers which were temporarily made available during the course of hearing. 4. The investigation papers would show that empty gunny bags bearing the stamps of Indian Food Corporation, Punjab, U.P. and Hariyana were available in the open market. The applicants have filed on record copies of sale invoices to show that they had purchased such stock of empty gunny bags. Thus, it (3) CRI.APP. 3963.2010 is apparent that mere fact that the wheat was found in the gunny bags bearing stamp of Food Corporation, Punjab or U.P. or Hariyana, by itself is insufficient to infer that such stock was available for P.D.S. That apart, there is no direct evidence about procurement of the wheat by the applicants from any fair price shop or such distributors or the license holder of the P.D.S. The investigation is still in progress. The report of the Junior Scientific Officer, Public Distribution Health Laboratory, Ahmednagar also is not clear as regards identity of the wheat grains being exclusively available for the P.D.S. 5. In this view of the matter, the applicants are entitled to seek liberty during the period of investigation on certain terms. 6. In the result, the Application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs. Twenty Thousand) each, in the event of their arrest, before the Arresting Officer and on condition that they shall personally attend the concerned Police (4) CRI.APP. 3963.2010 Station on each Tuesday and Saturday between 10.00 am. to 2.00 pm. for facing interrogation and shall co-operate with the Investigating Officer. They shall produce all the necessary documents that may be called by the Investigating Officer from them. If they will not co-operate with the I.O. in the course of investigation, the anticipatory bail order may be recalled at the instance of the prosecution. If any tangible evidence is found against the applicants regarding their purchase of the wheat from P.D.S. and if inter-connection is noticed during course of investigation, the prosecution is at liberty to apply for cancellation of the anticipatory bail order. 7. The applicants shall appear before the I.O. for four consecutive weeks as stated above or till filing of the final report/chargesheet, whichever is earlier. Liberty to the prosecution to move for cancellation on collection of any tangible material. Application disposed of. Sd/- [V. R. KINGAONKAR, J.] arp