(1) CRI.APP. 3252.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3252 OF 2010 Ajay S/o Shripal Pahade .. Applicant VERSUS The State of Maharashtra and anr. .. Respondents AND CRIMINAL APPLICATION NO. 3240 OF 2010 Anand S/o Shripal Pahade .. Applicant VERSUS The State of Maharashtra and anr. .. Respondents ... Mrs. Sadhana S. Jadhav, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH AUGUST, 2010 ORAL ORDER:- 1. These are applications filed under section 438 of the Code of Criminal Procedure for directions to release the applicants on bail in the event of their arrest. 2. The applicants are real brothers inter-se and have filed separate Applications seeking anticipatory bail in connection with crime no. (2) CRI.APP. 3252.2010+1 I-301/2010 registered at Kopargaon Police Station for offence under section 3,4,5,8(2) r/w. 35(1) and 19 of Fertilizer Control Order 1985 and section 3 and 7 of the Essential Commodities Act. 3. There were certain complaints about black marketing of fertilizers which was being distributed and sold through the authorised agency. The fertilizer called "Urea" was being sold in the shop styled as M/s. Anand Fertilizers and Sons, Kopargaon. On July 30, 2010 the Officers of the Agricultural Department received a telephonic information to the effect that unauthorised stock of fertilizers was made in the premises of one Subhash Karbhari Kanade. Therefore, the Agricultural Officers visited the said premises in his agricultural land and noticed that there were 194 bags of Sufla fertilizer, 48 bags of Urea fertilizer and on enquiry it was revealed that the bags were stocked there by owner of the fertilizer shop, namely Anand Shripal Pahade. The stock was seized. (3) CRI.APP. 3252.2010+1 4. It is argued by learned counsel for the applicants that the applicants were not the stockist of the fertilizer bags and those bags were sold to a group of agriculturists. It is further argued that presence of the applicants with the Police is not required for any effective investigation. It is contended that the applicants are roped in without any tangible evidence to connect them with the crime. Hence the applicants seek anticipatory bail. Counsel argued that there is no evidence to show that the applicants had purchased the stock of fertilizer. In my opinion, it is matter of investigation. 5. Learned APP points out that there is prima facie evidence to implicate the applicants and their arrest is likely to give more information about the murky black marketing business of the fertilizers. 6. It appears from the investigation papers that one Nivrutti Raktate visited the fertilizers shop run by the applicants. His Police statement purports to show that during his visit to the said (4) CRI.APP. 3252.2010+1 shop on 30.7.2010, the applicant Ajay issued a chitthi to him for delivery of 7 bags of Urea which he had purchased for three purchasers. It was at the instance of applicant Ajay that he went to the agricultural land of Subhash Kanade for the purpose of obtaining delivery of these fertilizer bags. He noticed that the Agricultural Officer was present in the premises and the stock was seized. His version shows that he had delivered that chitthi to a person in that agricultural land and returned and then came to know that chitthi was with the informant. It is true that the FIR does not show that Nivrutti Raktate handed over the chitthi to the informant in the same morning. Be that may as it is, there is no substantial reason to attribute any ill intention to Nivrutti Raktate. The FIR is not a document which is supposed to give all the details. 7. There is prima facie evidence to show that the stock of fertilizer bags, which ought to be in the shop of the applicants for the purpose of delivery to the customers, was not there and the sale (5) CRI.APP. 3252.2010+1 was being operated from the shop but the delivery was required to be taken from the premises of Subhash Kanade. There is prima facie evidence to show that both the applicants were incharge of the fertilizer shop. Therefore, it cannot be said that they are likely to be arrested without any reason. One cannot be oblivious of the fact that during the sowing season black marketing of fertilizers is on rise and various tricks are adopted by such unscrupulous traders for the purpose of conducting sale of fertilizer bags to the agriculturists. The needy agriculturists are exploited by such black marketers. Considering these aspects of the matter and having regard to the prima facie evidence about involvement of the applicants, their Applications are dismissed. Sd/- [V.R. KINGAONKAR, J.] arp