AB 3092/2011 BEFORE HON’BLE MR JUSTICE P K MUSAHARY Heard Mr S Munir, learned counsel for the accused petitioner. Al so heard Mr B S Sinha, learned Additional Public Prosecutor for the State of Ass am. The Case Diary as called for has been produced. It is revealed from the Case Diary that the accused petitioner i s a shopkeeper mostly dealing in rice and he was given zimma of rice by the Insp ector of Food and Civil Supplies, BIEO, as per the zimmanama dated 21.10.2008. T he petitioner has been taking care of the aforesaid rice, but the Department did not bother to take possession of the said rice or dispose of the same. In cours e of time, the condition of rice turned worse and they became unfit for human co nsumption. At this stage, after a gap of 3 (three) years the concerned Departmen t is trying to put the entire blame on the petitioner alleging that he is storin g rice, unfit for human as well as for animal consumption. Under such circumstan ces, the accused petitioner is apprehending his arrest in connection with BIEO P S Case No. 19 of 2011, under Sections 406/420 IPC, read with Section 7 of the Es sential Commodities Act. In view of the above, the interim bail passed on 27.09.2011, is made absolute on the same terms and conditions and other conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. With the aforesaid directions, this Bail Application, accordingl y, stands disposed of.