1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3775 OF 2010 Prakash S/o Balkrishna Chintamani ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS WITH CRIMINAL APPLICATION NO.3690 OF 2010 Manoj S/o Prakash Chintamani ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr.V.D. Hon, advocate for applicant. Mr. B.J. Shelke, A.P.P. for respondents. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 29th September, 2010. PER COURT : 1. These are the applications filed under Section 438 of the Criminal Procedure Code. 2. Heard learned Advocate for the applicants and the learned A.P.P. 3. Briefly stated, the prosecution case is that on 20th 2 August, 2010, a secret information was received by the Police to the effect that wheat stock meant for distribution through Public Distribution System was illegally transported to corrugated zinc- sheet shed and was being refilled in other gunny bags. The Police raided the shed. It was noticed that five persons were filling grains in the bags and were stitching mouths of the bags. They were taken in custody along with the stock of wheat. It was noticed that 60 gunny bags of wheat were filled up and empty gunny bags were taken away by applicant-Manoj in an Ape Auto Rickshaw. 4. So far as applicant-Manoj is concerned, the only allegation is that he had transported the empty gunny bags in Ape Rickshaw. He was not found at the spot. Nobody named him as purchaser of the stock of wheat. It is pertinent to notice that son of applicant-Prakash was found at the place. His son, by name, Rahul informed the Police that the stock of wheat was purchased by applicant-Prakash from one Bilal Shaikh, who resides in Ward no.2 of Shrirampur. The Police recorded statement of Bilal Shaikh @ Shah. He appears to be involved in another crime as well as is arrayed as accused in crime registered on basis of F.I.R. in crime No.I-264/2010. It appears that he used to purchase the wheat from Ration Shop Keepers and used to sell the same in black market. He stated that he had supplied the wheat in question to applicant- 3 Prakash. His statement thus implicates applicant-Prakash as purchaser of the wheat, which was meant for distribution through the Public Distribution System. Moreover, son of the applicant could not have given false information about the involvement of applicant-Prakash, when interrogated immediately after the raid. 5. Considering such prima facie evidence, the application of applicant-Prakash (Criminal Application No.3775/2010) is dismissed. However, the application of applicant-Manoj is granted by confirming the interim order dated 15.09.2010. (V.R.KINGAONKAR) JUDGE gas/cri3775.10