{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2399 OF 2010 Ganesh Sudhakar Chothe APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.B.Kale, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th July 2010 PER COURT: 1. By this application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.II-1/2010 registered with Sonai police station Dist- Ahmednagar. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. It appears that the residential premises of the applicant was raided on certain secret information by the DSO, {2} Newasa on 10.01.2010. At the time of raid, two filled and three empty gas cylinders meant for domestic use along with a machine to fill gas in vehicles, were recovered. All the 5 gas cylinders along with the said machine were seized under a memorandum prepared in presence of Pancha witnesses. It is to be noted that the applicant does not hold any requisite license for storage of gas cylinders and to use a machine to fill up gas in vehicles. According to learned counsel for the applicant, as no specific rule under Essential Commodities Act is mentioned in the complaint and hence the compliant is not tenable. This Court is not in agreement with this submission. What is essential commodity is defined in section 3 of the Essential Commodities Act as well as in the schedule annexed with the Essential Commodities Act. Admittedly, gas cylinder is an essential commodity. If the applicant has stored gas cylinders without any requisite license, then it is an offence u/s 3 of the Essential Commodities Act, which is punishable u/s 7 of the Essential Commodities Act. It is also tried to urge that no vehicle was found parked outside the premises from where the gas cylinders along with the gas filling machine are recovered. It is sufficient to hold that these gas cylinders were stored for otherwise purpose. Admittedly, the premises, from where the gas cylinder and machine are seized, belong to the applicant. 4. Considering the rising tendency, now a days, to use gas cylinders meant for domestic purpose for running vehicles so also for commercial purpose, which has occasionally also resulted {3} into explosion of cylinders causing casualties, which cannot be countenanced and in view of the gravity of the offence, though it is vehemently urged that the provisions of the Essential Commodities Act are not applicable, this application deserves to be rejected. Consequently, the application, which is sans merits stands rejected. [A.V.POTDAR, J.] drp/B10/criapln2399-10