1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2340 OF 2009 Ashpak Munir Shaikh .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Jayesh.B.Kocheta for the applicant. Mr.J.P.Yagnik A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 26TH June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No..60 of 2009 of Rajgad Police Station, Taluka Bhor, District Pune. The crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 3 and 7 of the Essential Commodities Act and section 420, 468, 471 r/w 34 of IPC. 3. I perused the FIR. It appears that a tanker containing 10,000 ltrs. of Light Diesel Oil (L.D.O.) was intercepted by the police. A driver of the tanker disclosed that accused no.2 – 2 Santosh Navin Choubisa is owner of the tanker and that oil in the tanker was transferred from another tanker in the godown of the applicant. It further reveals that the applicant allegedly forged xerox bailty showing the name of Jakir Isaq Vali Mohd. as consignee. However, when a statement of Jakir Isaq Vali Mohd. was recorded, he stated that he never placed any order of L.D.O. with the applicant. Mr.Kocheta, learned counsel for the applicant. submitted that under the provisions of clause 3 of Maharashtra Solvent, Raffinate & Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Licensing Order, 2000, no license is required for 10,000 ltrs. of L.D.O. I have perused clause 3. It clearly stipulates that no person shall either acquire, store or sell any solvent included, in the Schedule, except under, and in accordance with terms and conditions of license issued in this behalf by the licensing authority, provided that, no such license shall be require for consumption of 50 KLS per month or less and storage of 20 KLS or less of any of the solvents listed in this Schedule combined. L.D.O. is one of the solvents listed in the schedule. A bare reading of this provisions shows that either for consumption of 50 KLS. (i.e. 50,000 ltrs.) per month or less and storage of 20 KLS (i.e.20,000 ltrs.) or less of any of the solvents listed in the schedule combined, license is not required. It is not a case of the applicant that the L.D.O. found in the tanker was 3 either for consumption or for storage. This provision, in my opinion, has no application. Having considered overall facts and circumstances of the case I am not inclined to grant anticipatory bail to the applicant. Hence the application is rejected. However, it is open to the applicant to surrender before the police and apply for regular bail. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)