1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1913 OF 2010 Amrutlal s/o. Bansilal Lodha ....Applicant. Versus The State of Maharashtra ....Respondent. Shri. K.J. Suryawanshi, Advocate for the applicant. Shri. R.P. Phatke, A.P.P. for the respondent. CORAM : S.V. GANGAPURWALA, J. DATE : 28th May, 2010 PER COURT : 1. The present applicant has moved this application under section 438 of Criminal Procedure Code. F.I.R. under section 3 and 7 of the Essential Commodities Act was lodged wherein the present applicant was not named as accused. One of the accused persons has taken the name of the present applicant that he has brought the said blue kerosene from the shop of the present applicant. 2. The learned A.P.P. vehemently opposed the application on the ground that custodial interrogation of the present applicant is necessary 2 to verify the stock and to see that whether he has indulged in such activities and it is also necessary to see some documents from him. 3. The competent authority i.e. Tahsildar has issued a report showing the statement of the stock. So also, the competent authority has given the product realized to the present applicant for disposal as per law. The competent authority has already given the report as to the stock statement, in such circumstances, the custodial interrogation of the applicant would not be necessary. 4. In view of the above, the application is allowed. In the event of arrest in connection with Cr.No. 8/10 registered with Rural Police Station, Beed, the applicant be released on bail on executing P.R. Bond for sum of Rs. 25,000/- (Rs. twenty five thousand) with one surety of the like amount on condition that the applicant shall not tamper with the prosecution witnesses and shall co-operate with the investigating agency. He shall report to the concerned police as and when summoned by them. [ S.V. GANGAPURWALA ] VACATION JUDGE ssc/criapln1913.10