1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 937 OF 2010 Manish Ragunath Salunkhe ... Applicant Versus The State of Maharashtra ... Respondent ... Mr.Abad H.H. Ponda, for the Applicant. Mr. S.N. Gawde, APP APP for the State. CORAM : D.G. KARNIK, J. DATED : 10th March 2010 P.C. 1. Heard. 2. By this application, the applicant prays for bail in connection with the C.R. No.II/2 of 2010 registered at Panvel Police Station for an alleged offence punishable under sections-3,7,8 and 10 of the Essential Commodities Act read with sections-19 and 25 of the Fertilizer Control Order, 1985 read with section-3 of Fertilizer Movement Control Order 1973. 3. On receipt of an information, Shri Pandit Balasaheb Wabale, the 2 Fertilizer Inspector, visited the godown of JWC Logistic Park Pvt.Ltd. (for short “the company”) and found that potash fertilizers were stored therein contrary to the Essential Commodities Act, Fertilizer Control Order 1985 and Fertilizer Movement Control Order,1973. He drew samples from the bags and sent them for for analysis. According to the prosecution the goods were Potash fertilizers and they were stored for the purpose of export without proper authorisation and contrary to the Essential Commodities Act, Fertilizer Control Order and Fertilizer Movement Control Order. A F.I.R. was lodged by Shri Wable and the present applicant who is an employee of the companyhas been arrested on 19.1.2010. Learned APP, on instructions from the I.O. as well as Fertilizer Officer who are present in the court, states that investigation has practically been completed qua the applicant and even report of the chemical analysis has been received. 4. Admittedly, the applicant is an employee of the company. Mr. Chetan Shah, Managing Director and/or person incharge of the company is absconding. The alleged offence, if proved, would carry maximum imprisonment upto seven years. Considering fact that the applicant is only employee of the company and the fact that the report of chemical analysis has already been received, and the maximum punishment for the offence, in my view the applicant can be granted 3 bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing P.R. Bond of Rs.10,000/- with one surety of the like amount subject to a condition that he shall attend the concerned Police Station as and when he is required for further interrogation/ investigation. (D.G. KARNIK,J.)