IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 105 OF 2010 MR. MOHAMMAD SHAFIUDDIN ... Applicant Versus THE STATE OF GOA THROUGH PUBLIC PROSECUTOR AND ANR., ... Respondents Shri S. G. Dessai, Senior Advocate with Shri A. Gaonkar, Advocate for the Applicant. Shri C. A. Ferreira, Public Prosecutor for the Respondents. Coram:- N. A. BRITTO, J. Date:- 4th May, 2010 P.C.:- Heard Shri S. G. Dessai, the learned Senior Counsel appearing on behalf of the Applicant and Shri C. A. Ferreira, the learned Public Prosecutor appearing on behalf of the Respondents. Anticipatory bail was denied to the Applicant herein, by Order dated 6-1-2010 of the learned Sessions Judge, Margao. It appears that on 25-11-2009 the truck belonging to the Applicant was seized at Mollem Check Post under suspicion that the said truck was transporting adulterated diesel/kerosene. Crime No.53/2009 was registered under Sections 464, 471 r/w 34 I.P.C. and Section 3 r/w Section 7 of E. C. Act, 1955. The driver and the cleaner of the truck were arrested on 26-11-2009 and were released on bail on 28-11-2009 by the learned J.M.F.C. One of the submissions made by Shri Dessai, the learned Senior Counsel appearing on behalf of the Applicant is that from 25-11-2009 no efforts were made to arrest the Applicant. The other submission made is that the offences for which the present Applicant is booked are bailable. The submissions made by the learned Senior Counsel deserve to be accepted. There can be no dispute that Section 465(punishing Section) as well as Section 471 I.P.C. are bailable. Likewise, Section 7 r/w Section 3 of the said E. C. Act has also become bailable after the expiry of a period of 15 years from 1-9-1982 by virtue of the Essential Commodities(Special Provisions) Act, 1981. In other words, the Applicant herein is involved in offences which are all bailable, and, therefore grant of bail would be a matter of right. In the event of his arrest the Applicant would be entitled to be admitted to bail by the Investigation Officer. The application therefore is allowed. The Applicant shall appear before the Investigation Officer tomorrow at 10.00 a.m., and shall immediately thereafter be admitted to bail upon execution of a bond of Rs.10,000/- with one surety in the like amount to the satisfaction of the Investigation Officer. The interim Order dated 27-4-2010 shall stand vacated. N. A. BRITTO, J. RD.