1 CRI.APP.NO.2225/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.2225 OF 2009. Vijay Sudamrao Bhosale ...Applicant. Versus The State of Maharashtra ...Respondent. ... Mr.S.S.Jadhavar, Advocate for the applicant. Mr.J.S.Gavane, APP for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 7th July, 2009. COURT'S ORDER: 1. The applicant is seeking anticipatory bail in Crime No. 3047/2009, registered at 2 CRI.APP.NO.2225/2009. Beed City Police Station, Dist.Beed, dated 16th June, 2009 for the offence punishable under Section 3 & 7 of the Essential Commodities Act. 2. It is alleged that the applicant is owner of a Luxury Bus. It is further alleged that the driver of this Bus was found and caught purchasing essential commodity namely blue kerosene from other accused for the purpose of the said Bus. The other accused and the driver of the Bus were apprehended on the spot red handed. 3. The applicant is seeking anticipatory bail pleading ignorance of the act of the driver. There is nothing on record to show that the driver at the direction of the present applicant had gone to purchase the contraband, as fuel for the vehicle. The Court can not presume that the driver went to purchase the contraband and the said act was done at the direction of the applicant 3 CRI.APP.NO.2225/2009. because he is the owner of the vehicle. Such presumption is not permissible in a criminal case. The learned Judge of the Lower Court assumed that the applicant was party to the transaction without there being any material on record. The applicant deserves anticipatory bail. The application is allowed. i) In the event of his arrest in this case, the applicant shall be released on bail of Rs.5,000/-(Rs.Five Thousand only) with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.