AB 2482/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. J M Choudhury, learned senior counsel assisted by Mr. A M Bora, learne d counsel for the petitioners. Also heard Mr. K Munir, learned Addl. learned Add l. P.P. for the State respondent. The petitioners herein are all officials of Bongaigaon Refinery & Petrochemical Limited holding different positions. All the petitioners, being apprehensive of their arrest in connection with Dhubri P.S. Case No. 428 of 2011 registered unde r section 285/337/338/427/436/440/304/34 IPC have preferred this application und er section 438 Cr.P.C. to provide them privilege of pre-arrest bail in view of t he facts appearing in the face of the record and the grounds contended in the ap plication. The aforesaid case came to be registered on the basis of an information in writi ng lodged with the Superintendent of Police, Dhubri by Deputy Commissioner, Dhub ri on 5.08.2011 wherein it has been inter alia contended that many people died a s a result of use of blue dyed S.K. Oil due to bursting of stoves, lamsp, etc. I t is also alleged that for use of such blue dyed S.K. Oil, some persons also rec eived severe burn injuries and some died due to bursting of lamps and various ot her cooking materials used by the users. In the FIR it is also contended that so me samples of blue dyed S.K. Oil were drawn from various distributors/agents whi ch after examination/test turned adulterated, in other words, do not meet the fl ash point as per specification. The blue dyed S.K. Oil supplied to the distribut ors and various agents had its source at Bongaigaon Refinery & Petrochemical Lim ited. The samples being found to be adulterated/not conform to the specification the petitioners, being the officials of the Bongaigaon Refinery & Petrochemical Limited, have had the reasonable apprehension that they might also be entangled rather arrested in connection with the case as indicated above. Mr. J M Choudhury, the learned senior counsel while supporting the application f or bail under section 438 Cr.P.C. strenuously submits that thought Dhubri P.S. c ase has been registered under various sections of the law including 436, 304 and 440, the facts and the materials so far collected by the prosecution do not ind icate that the petitioners are the responsible persons for the offences as indic ated above. Further, he also submits that the rest of the sections being bailabl e, the petitioners may be directed to approach the appropriate court to have the ir bail in view of the facts and the circumstances appearing in the face of the record. In view of the submissions advanced by Mr. J M Choudhury, the learned senior cou nsel, it would appear to this court that absence of materials under section 436, 440 and 304 and the rest of the sections being bailable application under secti on 438 Cr.P.C. would not be maintainable. Contrary to the submissions advanced by Mr. J M Choudhury, Mr. K Munir, learned Addl. PP representing the State vehemently objects that the facts and the circum stances appearing in the case also speak of the commission of the offences under section 436, 440 and 304 IPC since as a result of the use of blue dyed S.K. Oil by the consumers in their lamps and stoves when bursted some consumers received severe burn injuries and some died. Therefore, apparently, according to Mr. K M unir, the submission advanced by Mr. J M Choudhury would not be sustainable in l aw. Mr. J M Choudhury over and above also contends that during the investigation of the case, the Investigating Officer collected various samples from different ag ents and distributors including form the Bongaigaon Refinery & Petrochemical Lim ited itself. Those samples being tested in the Forensic Science Laboratory give the test of the adulteration. It is submitted that the samples which had been ta ken from Bongaigaon Refinery & Petrochemical Limited gave the test of flash poin t of 38 which is within the limit and taking note of the report, Mr. J M Choudhu ry, the learned senior counsel emphasizes that blue dyed S.K. Oil distributed to various agents and distributors and purchased by various consumers though do no t give the requisite flash point, the samples taken from the Bongaigaon Refinery & Petrochemical Limited give the requisite flash point and therefore, it would not be appropriate to observe that the said blue dyed S.K. Oil got adulterated a t the Bongaigaon Refinery & Petrochemical Limited itself. Mr. J M Choudhury, the learned senior counsel, however, has not indicated any adulteration in the blue dyed S.K. Oil outside the refinery. In support of his contention, Mr. Choudhury has led me through Annexure-A to the application wherein it has been indicated at Sl. No. 9 under the head Flash Point Abel . The test result shows flash poin t at 38 whereas some samples collected from various distributors and agents test ed for flash point to and below the level. Taking note of the report of the Fore nsic Science Laboratory in respect of the samples of the blue dyed S.K. Oil, Mr. Choudhury, the learned senior counsel submits that the petitioners’ custodial d etention would not be necessary for the purpose of investigation. Mr. Choudhury also submits that some of the officials of the refinery when approached this cou rt for grant of privilege pre-arrest bail were provided with the privilege by th is court vide order dated 14.09.2011. The petitioners being stood on the same fo oting, it is submitted by Mr. Choudhury that the same privilege should also be p rovided to the present petitioners. Taking consideration of all the mattes in its entirety, the test report in respe ct of the samples of kerosene taken from different distributors and agents and f rom the Bongaigaon Refinery & Petrochemical Limited itself as well, this court c onsiders it appropriate to provide pre-arrest bail to these petitioners. Petitio ners’ prayer is, therefore, allowed. This court while taking of the bail application made by the petitioners vide ord er dated 12.08.2011, taking note of the facts available at that point of time pr ovided interim bail to these petitioners. This court while allowing the applicat ion for pre-arrest bail, therefore, seeks to make the interim provided vide orde r dated 12.08.2011 absolute. It is accordingly done so. Bail application accordingly stands disposed of.