1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 773 of 2010 Vijay Pal Singh Fattesingh Gusai ... Applicant versus The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 774 of 2010 Tushar Harkant Patel ... Applicant versus The State of Maharashtra ... Respondent ... Mr.A.P. Mundargi Sr. Advocate with Mr.Umesh R. Mankapure for the applicants. Mr.S.N. Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 8th March 2010 P.C. 1. Heard. 2 2. By these two applications, applicants seek pre­arrest bail in connection with the same offence viz.. C.R.No.6 of 2010 registered at MIDC Police Station, Sangli on 4th February 2010 for an alleged offence punishable u/s.420 r/w section 34 and section 3 r/w section 7 of the Essential Commodities Act 1955. Hence they are decided by this common order. 3. On 4th February 2010, on the basis of an intelligence report, the Additional Superintendent of Police, along with the police officers and officers from the District Supply Office carried out a raid in the premises of Rahul Enterprises. They discovered a large quantity of furnace oil, light diesel oil and other kinds of oils stored in the premises and being mixed with each other. According to the prosecution, the furnace oil and light diesel oil require licence for the purpose of storage. The applicants had no licence and permission for storage and therefore offence under the Essential Commodities Act was committed. No offence has been registered for any violation of Explosives Act and/or storing of explosive substances without the permission and licence under the Explosives Act. 3 4. Previously, a notification was issued by the Central Government under the Essential Commodities Act prohibiting storage of furnace oil and light diesel oil in excess of certain quantities. However, by a notification no. G.S.R.835(E) dtd.19.11.2009 published in the Gazette of India (Extra ordinary) II section 3(i) the entries of furnace oil and light diesel oil have been detected and therefore there is no restriction imposed by the Union of India for storage of furnace oil and light diesel oil. 5. Learned APP however submitted that as per the notification/order no. Solvent.1005/CR­2049/CS­24 dtd.25.2.2007 issued under the Essential Commodities Act, the Government of Maharashtra has imposed a restriction of storage of furnace oil and light diesel oil in excess of quantities specified in the said order. The applicants were not entitled to store furnace oil or light diesel oil in excess of the quantity specified therein and thereby offence u/s.3 r/w section 7 of the Essential Commodities Act was made out. By a notification no. Solvent. 1007/1611/SR­2975/­24 dtd.4.3.2008 published in the Maharashtra Government Gazette dated 13.3.2008, light diesel oil has been omitted from the original notification and therefore, there is no restriction on the storage of light diesel oil in the State of Maharashtra under the 4 Essential Commodities Act. So far as furnace oil is concerned, paragraph (3) of the notification dated 25.2.2007 imposes a restriction on storage of furnace oil in excess of 20 kilo litres. The FIR does not disclose the quantity of furnace oil alleged to have been stored and ceased in the raid. Learned APP however invited my attention to the panchnama which discloses the quantity of furnace oil ceased to be 13,000 litres i.e. 13 kilo litres. This is less then 20 kilo lites. Thus, prima facie offence u/s.3 r/w section 7 of the Essential Commodities Act is not made out. 6. So far as offence of cheating is concerned, there are no averments that any misbranded fuel was sold to anybody. At the most, there was a preparation for cheating by blending different kinds of oils which could subsequently be sold by misbranding. Doing of a thing which would enable a person to cheat in future or preparation for a crime of cheating by itself is not an offence. In view of this, in my view, the applicants are entitled to pre­arrest bail. Hence I pass the following order:­ O R D E R In the event of arrest of any of the applicants in connection with C.R.No. 6 of 2010 registered at MIDC Police Station, Sangli, each of the 5 applicants shall be released on bail on his executing P.R bond of Rs. 20,000/­ with one surety for the like amount subject to the following conditions:­ (i) Applicant shall not threaten any of the prosecution witnesses and co­operate with the investigation. (ii)Applicant shall attend MIDC Police Station, Sangli initially on 15th, 17th and 18th March 2010 between 11.00 a.m and 5.00 p.m for the purpose of interrogation and thereafter on such other dates they may be specifically summoned for the purpose of interrogation. Any breach of the condition shall result in cancellation of bail. This order shall remain in force for four weeks or till charge­ sheet is filed, whichever is later, whereafter they may, if they so desire, apply to the regular court for regular bail. (D.G. KARNIK,J.)