{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1904 OF 2010 Shrihari S/o Keshav Karale Age 57 years, Occu. Service, r/o Saknoor, Tq. Mukhed Dist. Nanded APPLICANT VERSUS The State of Maharashtra, through the Police Station, Mukhed, Dist. Nanded RESPONDENT ....... Mr. V.D. Salunke, Advocate for the applicant Mrs. V.A. Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 29th June 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.61/2010 registered with Police Station, Mukhed, Dist. Nanded for an offence punishable u/s 409 of the Indian Penal Code and Sections 3 & 7 of the Essential Commodities Act. 2. This application was moved in the vacation and on 11/05/2010 interim protection was granted to the applicant which was extended from time to time, as the learned A.P.P. had sought {2} time to call for the original record. Original record is not produced till today. 3. Heard learned counsel for the applicant and learned APP. Perused the complaint and other papers of investigation papers. 4. Considering the papers of investigation, it appears that the said offence came to be lodged with Mukhed Police Station on the basis of report submitted by the District Supply Officer. Perusal of the complaint shows that the godown at Mukhed was inspected on 26/03/10 and 27/03/2010, at that time it notice that there is deficiency for 243.71 quintal of wheat and 278.09 quintal rice. The Superior Officer issued directions to the District Supply Officer, Nanded to further verify the stock. It appears that as per the directions of superiors, the raiding party consisting of District Supply Officer visited the godown on 29/03/2010 and 30/03/2010, at that time they noticed a deficiency of 2 quintal wheat and 13 quanital rice and hence, accordingly complaint came to be lodged against the present applicant who was holding the charge of godown-keeper at Mukhed. 5. During the course of submissions across the bar, it is contended on behalf of the applicant that the applicant took charge as godown-keeper of this godown on 16/03/2009, while the stock verification was done on 26/03/2010 i.e. one year ten days after he {3} took the charge as godown-keeper. It is further brought to my notice that received commodity are entered into register on the basis of truck load received and the bags which were unloaded from the truck and likewise register of outgoing articles were maintained in the said godown. It is contended across the bar that weight of bag is not equal like the weight of bag containing sugar i.e. 80 Kg. to 100 Kg. As against this, according to learned A.P.P. appearing for the State, weight of each bag is about 50 Kg. Initially, this Court was not in agreement with these submissions submitted on behalf of the applicant as well as on behalf of the A.P.P. When questioned that how the earlier deficiency was noted which is not in the round figure but showing something otherwise, at that time to satisfy the query of the Court, it is the answer of the applicant that during the transport there is every likelihood that some food grains might have fallen out of the bags due to which there is reduction at the time of checking. Today when the same query was put to the counsel for the applicant and prosecution also it is informed that at the time of inspection, only guny gas were counted and no physical weight was taken and hence the difference was noted. The registers are in the custody of investigating officer, and hence there is no necessity for custodial interrogation of the applicant. In premise, the applicant deserves to be enlarged on anticipatory bail in exercise of the discretion of this Court. 7. In the result, the application is allowed. The interim {4} protection granted on 11/05/2010 is hereby confirmed and to be continued till the filing of the charge sheet. During mean time in case, the applicant is required for interrogation, then the Investigation Officer to intimate the applicant in writing and the applicant to attend the Mukhed Police Staton, Dist. Nanded as per the requisition of Investigation Officer. Application stands disposed of in above terms. [A.V.POTDAR, J.] SDM* 1904.10 Cri.Appln.