1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 328 of 2011 (Sachin Anandrao Lahane Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Abhay Sambre, Advocate for the applicant. Mr. S.S. Doifode, A.P.P. for the State/non-applicant. CORAM : M.N. GILANI J. DATE : 17 th NOVEMBER, 2011 Heard both the sides. 2] This is an application under Section 438 of the Code of Criminal Procedure for issuing directions to release the applicant on bail in the event of his arrest in Crime No. 3065/2011, registered with Police Station Buldhana, District Buldhana for the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1955. 3] The applicant-accused conducts his fair price shop. The monthly quota of rice, which he supposes to get from the Government godown and distribute to the card holder, is 18 to 20 quintals. 4] On 13/09/2011, the Food Supply Officer received an information that sacks containing rice were illegally transported from the premises of the applicant to the premises of one Rahul Lande. Accordingly, raid was 2 conducted. 330 sacks of rice (50 kgs each) weighing 165 quintals were found in the premises of Rahul Lande. It was revealed that this premises was let out to one Sanjay Jain. After effecting seized, Tahsildar Buldhana lodged F.I.R. with the Police Station Buldhana and on that basis the aforesaid crime came to be registered. 5] Investigation reveals that on 13/09/2011, 26 sacks of rice, meant for public distribution, were removed from the premises of the present applicant-accused and were carried to the premises of Rahul Lande. The Investigating Officer recorded statement of number of witnesses, who categorically disclosed about the removal of 26 sacks of rice from the premises of the applicant and were carried to the premises of Rahul Lande. 6] It is the contention of the learned counsel for the applicant that the Food Supply Officer had inspected the record of the applicant and no irregularity was noticed. It is pertinent to note that the record inspected, which presumably must have been up dated. On that basis, it cannot be said that the applicant-accused did not indulge in illegal disposal of the rice meant for public distribution. 7] The next contention of the learned counsel for the applicant is that the monthly quota fixed for distribution through the applicant’s fair price shop is just 18 to 20 3 quintals. Thus, 160 quintals rice which was found, is beyond his capacity. 8] For the present, the evidence collected points out that on 13/09/2011, 26 sacks of rice were transported from the premises of the present applicant to the premises of Rahul Lande. What is discernible from the case diary is that Sanjay Jain is engaged in grain business and possibility that he had collected different quantities of rice from different fair price shopkeepers cannot be ruled out. The fact remains that there is good deal of evidence to point out transportation of 26 sacks of rice from the premises of the present applicant to the premises of Sanjay Lande. 9] Learned counsel for the applicant invited my attention to the submission made by Sanjay Jain (co-accused) in his application for releasing the seized rice on Supratnama. In fact what is the defence set up by Sanjay Jain, the co- accused, will not help the present applicant particularly at this stage. 10] Considering the facts and circumstances of the case, I am of the view that for proper and effective investigation, the applicant is not entitled for pre-arrest bail 11] Application is rejected. JUDGE *sdw