1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2744/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SM Godsay, Advocate h/for Mr.JR Shah, Advocate for the applicant; Mr.PM Shinde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 21 st August,2009. 1. Heard learned Counsel for the applicant/accused and learned APP. 2. In the night, intervening 9th May and 10th May, 2009, Police raided agricultural field wherein they found few persons in the process of bleaching the blue kerosene and making it colourless, probably to be used for some other adulteration. Two tankers in que were belonging to the firm of the applicant/accused, who is a dealer of kerosene for Beed district. 3. It is the case of the applicant/accused, he has no role in the matter. It was the tanker owner and the driver, who did not adhere to the strict rules and whatever has happened was without his knowledge. 2 4. During the course of submissions, Counsel informs that since the tanker did not reach in time and there was delay, the applicant approached the Additional Collector and communicated that his tanker has not yet reached though it was destined and there was no communication from the transport owner. This, according to the Counsel, indicate the bonafides of the applicant/accused. That apart, Counsel informs that the applicant has clean past track, not involved in any activities of infraction of kerosene Order or other relevant Orders issued by the Collector or the State from time to time. 5. Considering the nature of allegations, custodial interrogation of the applicant/accused is not desired. The driver has already suffer the blunt by facing custody and interrogation. The applicant/accused, pursuant to earlier protection dated 7th August, 2009 has attended the concerned Police on four occasions in which, the Counsel informs, his statement is recorded by the Police. In the situation, following order - 6. In the event of arrest of the applicant/accused - Kiritkumar s/o Girdharilal Thakkar in Crime No. II-16/2009, registered at Pathardi Police Station, District Ahmednagar, the 3 applicant/accused be released on his furnishing PR bond and surety in the sum of Rs.20,000/- (Rupees twenty thousand). 7. The applicant/accused shall attend the concerned Police Station every fortnight on Sunday between 10.00 a.m. to 5.00 p.m. for a period of six months. 8. The applicant/accused will not influence the witnesses. 9. The order to remain in force till filing of the charge sheet. 10.Criminal Application is allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran2744.09