1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1049 OF 2009 Shri Sheriyar R. Irani ...Applicant. V/s The State of Maharashtra ..... Respondent. Mr. M.S. Mohite for the applicant. Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 31st March, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant apprehends arrest in connection with C.R. No.3156 of 2008 which is registered at Cantonment Police Station, Pune for the alleged commission of offence punishable under section 3 read with section 7 of the Essential Commodities Act. 3. Prosecution case is that the applicant is a dealer of Hindustan Petroleum Corporation for last 70 years. It is alleged that the employee of the Petrol Pump had filled four barrels, containing 800 liters of high speed diesel and kept those four barrels in tempo. When the inquiry was made, the applicant informed that these barrels were sold to one Ajay 2 Limaye who is the employee of Eternia Premises Co- operative Society Ltd. Panchanama was made and it was alleged that the aforesaid offence has been committed in violation of the provisions of the Essential Commodities Act. 4. Counsel for the applicant submits that Eternia Premises Co-operative Society Ltd. had installed five generators for the purpose of operating various Lifts of the Society and for the purpose of using these generators, they had placed an order for purchase of 1200 liters of high speed diesel. It is submitted that, therefore, there was no illegal transportation of the said diesel and that the applicant had lawfully sold the diesel to the said Co-operative Society which was using the diesel for operating their Lifts. He submitted that there is no provision in law which prohibits the sale of diesel in separate barrels. 5. The learned APP appearing on behalf of the State invited my attention to the order issued by the Central Government pursuant to the power exercised by it under the said Act. He invited my attention to regulation No.3 which states that the transportation of diesel shall be done in a container or tank truck certified fit by the concerned authorities. 6. Prima facie, in my view, a case has been made out by the applicant for granting anticipatory bail. The said provision pertains to transportation of diesel. However, 3 there is no bar for sale of diesel in barrel. In the present case, there is sufficient material on record to indicate that the applicant had sold these four barrels to a Co-operative Society which required the said diesel for operating its five lifts. Therefore, this is not a case where the diesel was being sold in black market. 7. Under these circumstances, therefore, in the event of the arrest of the applicant in connection with C.R. No.3156 of 2008 which is registered at Cantonment Police Station, Pune for the alleged commission of offence punishable under section 3 read with section 7 of the Essential Commodities Act, the applicant be released on bail in the sum of Rs 10,000/- with one or two sureties in the like amount. Applicant, however, shall report to the Cantonment Police Station, Pune as and when called. 8. Application is disposed of. (V.M. KANADE, J.)