( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4596 OF 2010 Shyam s/o Ramaswami Gaud, R/o Bahadarpura, Tq. Kandhar, District Nanded. APPLICANT VERSUS 1. The State of Maharashtra through Police Station, Kandhar, Dist. Nanded. 2. The District Superintendent of Police, Nanded. RESPONDENTS .... Mr. P.V. Mandlik, Senior Advocate instructed by Mr. A.S. Gandhi, advocate for the applicant. Mr. D.V. Tele, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 30th November, 2010] PER COURT : 1. By this application, the applicant seeks directions under section 438 of the Criminal Procedure Code. 2. Heard learned Senior Advocate Mr. Mandlik, for the applicant and learned APP for the State. ( 2 ) 3. Perusal of the investigation papers and the recitals of the FIR Prima facie show that on 2nd September, 2010, Indica Car Vehicle No. MH-20/Y-4201 was intercepted on basis of a secret information to the effect that it was being used for transportation of country-made liquor. It was found that the car vehicle was being used to transport the bottles of country-made liquor in ten (10 cartons which were valued at Rs. 12,000/-. The car vehicle was seized and the FIR was lodged vide Crime No. 29 of 2010 for the offences punishable under section 65, 82 and 83 of the Bombay Prohibition Act against the applicant and driver of the car vehicle. It appears that injured informant Prakash was the Police Constable attached to the Crime Detection Branch of Loha Police Station at the relevant time. On 19th September, 2010, informant Prakash had gone to attend a programme of drama at village Ghodaj alongwith his two (2) friends. The applicant approached him in the evening and asked whether he was satisfied due to the raid wherein his illicit liquor bottles were seized. The applicant allegedly threatened informant Prakash (P.C. B. No. 95) that one day or the other, he will see him. On 3rd October, 2010, at about 2045 hours, informant Prakash was proceeding on his motorcycle towards village Ghodaj. He noticed that a car vehicle came from opposite ( 3 ) direction in high speed and dashed his motorcycle. The number plate of the car vehicle alongwith the front guard fell down on the road. The informant further noticed thta the car vehicle was bring driven by Jalil Guddu Kureshi. The car vehicle was speeded away immediately. The informant received a fracture injury to the right toe. The informant lodged FIR after giving information to the Deputy Superintendent of Police. 4. It is argued by learned Senior Advocate for the applicant that the applicant is not the registered owner of the car vehicle No. MH-20/Y-4201. He argued that the applicant is likely to be arrested only on basis of suspicion. He contended that the driver of the said car vehicle is not the employee of the applicant nor there is any prima facie material to infer that the applicant gave directions to the driver of the said car vehicle to give dash of the vehicle to the motorcycle of the informant. He, therefore, submits that the applicant deserves anticipatory bail. 5. It prima facie appears from the investigation papers that the statement of one Sham Pethkar is recorded during course of investigation. He is the registered owner of the ( 4 ) said Indica car vehicle No. MH-20/Y-4201. Said Sham Pethkar gave a statement to the effect that the car vehicle is purchased by the applicant in his name. In other words, the registered owner says that he is mere name-lender, but the applicant is actual owner of the vehicle. The very fact that the Indica Car vehicle was intercepted on earlier occasion for reported offence of transportation of illicit liquor bottles, prima facie, goes to show that the car vehicle was being misused for the said business. It appears further that on 19th September, 2010, the applicant gave threat to the informant Prakash that he would see him. It is in the background of such previous incidence that the dash given by the same car vehicle to the motorcycle of the complainant - PW Prakash, in the relevant night, will have to be considered. The number plate of the car vehicle had fallen after the alleged dash given to the motorcycle of the informant. The FIR was lodged without loss of time. It appears that the applicant contacted Police Constable Ganesh Dhage on cell phone and informed him that he was at Shirdi, but learnt about the mishap caused due to the use of his Indica car vehicle. It is true, no doubt, that prima facie evidence is created by the applicant to show that he was at Shirdi in order to claim alibi by way of defence. This conduct of the applicant itself ( 5 ) is rather a suspicious circumstance because probably, he wanted to translate the threat given on earlier occasion into action when he himself was not present at the place of incident. There seems prima facie material available on record against the applicant and, therefore, the application is destitute of merits. It is, therefore, dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln4596-10