AB 16/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Mr. NJ Das, learned counsel for the petitioner. Also heard Mr. BS Sinha, l earned Additional Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioner namely Vimal Sharma, praying for releasing him on pre-arrest bail in the event of his arrest in connection with Sipajhar Police Station Case No. 321 of 2010 under section 407 of the Indian Penal Code. I have also perused the case diary. As per the previous order, the Investigating Officer also appeared today and he was also heard. The prosecution case is that the driver of the oil tanker No. AS-01U-6087 had so ld out 20,000/- litres of HSD ( diesel) illegally at different filling stations on way to Misamari from the IOC, Depot, Guwahati. The case diary reveals that the driver was arrested and he has revealed that he sold out petroleum products at three different filling stations (petrol pumps) b y deviating from the route. The case diary further reveals that one of the emplo yee of Petrol Pump, owned by Mrs. Mita Barua of Rangiya has stated that the Man ager of the petrol pump had purchased ( 8 ,000 litres. ) of diesel from a tanker and payment was made by the Manager to the driver. It may be mentioned here th at the petitioner before me is the Manager of the employee of the petroleum pump . In view of the incrementing evidence so far collected by the I.O., I hold that t he petitioner do not deserve the privilege of anticipatory bail. Accordingly, th e prayer is rejected. Interim bail granted to the petitioner on 05.01.2011 is hereby vacated. After going through the case diary, it appears to me that investigation is being done in a perfunctory manner. The I.O. has not seized the stock registers and other documentary evidence from the petrol pumps. Besides this, I.O. has also n ot examined any Assam Oil Corporation (AOC) officials to ascertain the purchase of the diesel and also about the stock position of the diesel in the various pet rol pumps, where the diesel was sold by the driver. The I.O. also did not take measurement of HSD oil in the petrol pumps during his visit. Hence, Superintendent of Police, Darrang is directed to appoint a new Investigat ing Officer who can conduct the investigation on a scientific basis. The Registry is directed to forward a copy of this Order to the Superintendent o f Police, Darrang. With the aforesaid observations, this anticipatory bail petition stands disposed of.