IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3550 OF 2009 Vijay Chhabildas Modi ...Applicant Vs. The State of Maharashtra ...Respondent ---- Mr.A.P. Mundargi, Senior Counsel a/w. Mr.Girish Kulkarni i/b. Mr. Rahul D. Motkari for Applicant Mr.P.P. Shinde -APP for State ---- CORAM: V.M. KANADE J. DATE : 18TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant apprehends arrest in connection with the complaint which is registered with Rajgad Police Station, Dist. Pune vide C.R. No. 35 of 2009 for the punishabl eunder section 65(C) (G) & (D) of Bombay Prohibition Act and under sections 465, 468 and 471 r/w. 34 of the Indian Penal code.. 3. It is alleged that the police received information that a truck carrying black jaggery would be entering State of Maharashtra carrying the goods from Tamil Nadu to Silvassa (Gujarat). Accordingly, the police intercepted the said vehicle and it was found that the truck was carrying 540 bags one each of 30 kgs. total 16200 kgs. of black jaggery total valuation being Rs.1,29,600/-. According to the Investigating Officer the black jaggery found in the truck can only be used for distillation of illicit liquor. Admittedly, the C.A. Report does not disclose that the said truck is used for distillation of illicit liquor, though it states the said jaggery is not fit for human consumption. The only role attributed to the present Applicant is that one of the accused has stated that the Applicant had provided his sales tax number to the seller Venkatachalam Punnuswami Gownder. No material has been found to indicate that the Applicant placed the order or was the buyer of the said goods. That being the position, merely because the Applicant had given sales tax number, he would not be prima facie liable under the said provisions. The Applicant, admittedly, is a registered broker of the Bombay GUR Merchants. Therefore, under these circumstances, custodial interrogation of the Applicant, is not necessary. 4. The Applicant, in the event of his arrest in connection with C.R. No. 35 of 2009 registered with Rajgad Police Station, be released on bail in a sum of Rs. 5,000/- with one or two sureties in the like amount. Pursuant to the interim order, the Applicant is already attended the police station. His statement has been recorded on 21st August, 2009. The Applicant shall report to the concerned police station as and when called. 5. Application is disposed of. (V.M. KANADE J.)