1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 236 OF 2011 ( Ramkisan Narsingprasad Ganediwal & One Ano. Vs. State of Mah. PSO PS Nagpuri Gate Amravati) CRIMINAL APPLICATION (ABA) NO. 229 OF 2011 (Anil Govind Nagliya (Agrawal Vs. State of Mah. PSO PS Nagpuri Gate Amravati) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri P.S. Jaiswal Adv for applicant. Shri R. A. Jaiswal Adv for applicant. Shri S. S. Doifode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 14th JULY, 2011. . Both these applications are arising out of Crime No. 3053 of 2011 registered at the Police Station Nagpuri Gate, Amravati for the offence punishable under Section 3 read with Section 7 of Essential Commodities Act, 1955. Therefore, both these applications are being disposed of by this common order. The applicant no.1 Ramkisan and applicant no.2 2 Devesh (Cri. Appln. 236 of 2011) are father and son residing at Amravati. The applicant no.1 is dealer in fertilizers. Applicant Anil (Cri. Appln. 229 of 2011) is in the business of purchase and sale of ground nuts. The applicant Anil had hired on rent the godown owned by applicant no.1. On 08.06.2011 Purushottam Kadu- Fertilizer Inspector cum Divisional Quality Control Inspector received secret information that in the godown at Ratanganj Amravati, fertilizer bags are illegally stored. This godown belongs to applicant no.1. Thereafter Mr. Purushottam Kadu and other officers of the Agricultural Department went to the godown and called panchas. The godown was opened by applicant no.2 Devesh. In the godown they noticed 411 bags of fertilizers of different description. They were stored illegally. In addition to that there were about 1000 to 1200 gunny bags filled with ground nuts. After the godown was opened, it was noticed that the applicant no.2 left the spot. The officers then sealed the entire godown, lodged First Information Report in the Police Station Nagpuri Gate, Amravati. The applicant No. 1 Ramkisan and applicant no.2 Devesh in their joint application for grant of anticipatory bail pleaded in para 7 that they are not in possession of the godown but it is in possession of Anil (applicant in Criminal Application No. 229 3 of 2011). It is categorically stated that they have nothing to do with the possession of the alleged property i.e. fertilizers. That means they have completely disowned the ownership of fertilizer bags. The applicant Anil (Cri. Appln. 229 of 2011) stated that he has no concern with the fertilizer bags. He merely deals with the business of selling and purchasing ground nuts. The fertilizers are seized from the possession of the applicant no.1 Ramkisan and not from him. Perused the case diary. Although the applicants in both these applications are putting blame on each other, the crucial circumstances like the Agricultural Officer receiving the information that applicants Ramkisan and Devesh have stored the fertilizers, after reaching to the godown the applicant no.2 Devesh coming there and opening the godown with a key, when godown was opened it was found stored 1000 to 1200 bags of ground nuts besides bags of fertilizers, applicant no.2, when procedure of seizure was going on, leaving the spot, primafacie and at this stage suggest that Anil has nothing to do with the fertilizer bags. His case that he is a dealer in ground nuts and just at the request of applicant no.2 fertilizer bags were stored appears probable at this stage. 4 Learned counsel for the applicants 1 and 2 Ramkisan and Devesh submitted that godown has already been gifted to applicant no.2 Devesh under registered Gift Deed. For the perusal of the Court he produced the Gift Deed. There is no need to conduct detailed examination of ownership of godown. The fact remains that fertilizer bags were illegally brought from the other State. Storing of the same is in contravention of provisions of Fertiliser (Control) Order, 1985. That being so the fact that applicant no. 1 is a dealer in fertiliser is insignificant. The question that arises is, primafacie to whom possession of fertilizer bags can be attributed. The circumstances which have been already highlighted like applicant no.2 Devesh coming to the godown with a key, opening the same, leaving the spot when the procedure of seizure was going on and also the fact that he himself coming with the case that godown was gifted to him primafacie point out his involvement. In that light of the matter anticipatory bail application No. 229 of 2011 succeeds. In the event of arrest of Anil Govind Nagliya in the Crime No. 3053 of 2011 registered at Nagpuri Gate Police Station, Amravati , he be released on bail on his executing 5 PR bond in the sum of Rs. 50,000/- with two sureties in the like amount, with a condition to attend the Police Station Nagpuri Gate, Amravati as and when called till the charge sheet is filed. Application No. 236 of 2011, so far it relates to Ramkisan Narsingprasad Ganediwal, is allowed. In the event of his arrest in Crime No. 3053 of 2011 registered at Nagpuri Gate Police Station, Amravati he be released on bail on his executing PR bond in the sum of Rs. 50,000/- with two sureties in the like amount with a condition that he shall attend the police station as and when called till the charge sheet is filed. Application No. 236 of 2011, so far as it relates to applicant no.2-Devesh Ramkisan Ganediwal, is rejected. Hamdast allowed. JUDGE svk 6 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.