(1) CRI.APP. 3516.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3516 OF 2010 1. Nejeeb Khan S/o Bismillah Khan 2. Shivanand S/o Namdeo Waghmare .. Applicants VERSUS The State of Maharashtra and anr. .. Respondents Mr. S.B. Talekar, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 1ST SEPTEMBER, 2010 ORAL ORDER:- 1. Heard learned counsel. 2. Perusal of the FIR purports to show that on 3.8.2010, the Police received a secret information that driver of the truck vehicle no. MH-26-H-7508 was feeling up blue coloured kerosene as a fuel in the tank. Though the kerosene was meant only for public distribution system, it was being illegally used for commercial purpose of filling up in the truck vehicle as a fuel. The Police party members went to the place at about 23.30 hours. They noticed that the truck vehicle was standing at the place and kerosene was being filled up in the fuel tank. On seeing the (2) CRI.APP. 3516.2010 Police party members reaching near the place, the driver and another person had fled away in the darkness. The truck was seized alongwith the blue coloured canister containing 25 litres of blue coloured kerosene. The funnel was also seized from the place. Allegedly, the applicant no.1 who is owner of the said truck vehicle committed offence under section 3 r/w. 7 of the Essential Commodities Act due to breach of the relevant order pertaining to the controlled sale of the blue coloured kerosene. 3. FIR reveals names of both the applicants as owner and driver of the said truck vehicle. The Police also recovered the relevant documents including driving license, identity card etc. There is also prima facie material to infer that the applicants are concerned with the alleged crime. It cannot be said, therefore, that they are likely to be humiliated on account of their arrest and that they are likely to be arrested without any reason. Hence, the Application is rejected. Sd/- [V.R. KINGAONKAR, J.] arp