AB 181/2010 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. J.M. Choudhury, learned senior counsel, assisted by Mr. D.R. Gogoi, le arned counsel for the petitioner. Also Mr. B.S. Sinha, learned Additional Publi c Prosecutor, Assam, for the State respondent. Perused the case diary. This is an application filed under section 438 of the Cr. P.C. seeking pre-arres t bail in favour of the petitioner, namely, Abdus Sobur Sheikh in connection wit h Dhubri P.S. Case No. 663/2010 registered under Sections 120(B)/ 406/ 379/ 34 o f the IPC read with section 7 of the Essential Commodities Act, 1955. The learned senior counsel for the petitioner has submitted that the petitioner is a businessman dealing with business of rice and the rice seized from his godo wn were purchased by him as per challans. I have gone through the challans prod uced in support of the contentions of the learned senior counsel. Learned senior counsel has drawn my attention to the representation dated 19.11.2010 submitted before the Deputy Commissioner, Dhubri and has submitted that the petitioner, b y the said representation, has preyed for release of the said seized rice in his favour after scrutiny of the document in support of the ownership of the said r ice. Learned Additional P.P. has drawn my attention to the enquiry report submitted b y the Extra Assistant Commissioner cum Executive Magistrate, Bilasipara, and sub mitted that the Extra Assistant Commissioner, on being directed by the Deputy Co mmissioner, made an enquiry into the matter and submitted report, wherein it has been mentioned that the Truck bearing Registration No. AS-17-0405 loaded with 9 6.36 quintals of APL rice were carried by the authorized persons and that those were stored in the godwon of one Shri Minal Kanti. There is nothing on the recor d to find that the said rice were stolen by petitioner. The allegations brought against the petitioner is that the petitioner violated the provisions of Essenti al Commodities Act, 1955 and terms of the license granted under the Assam Trade Article (L. and C) Order 1982. Learned senior counsel for the petitioner has sub mitted that the petitioner is a local businessman having root in the society and Chairman of the Dhubri District Regulated Market Committee under Agriculture De partment of Assam and that in the event of release of the petitioner, he will co operate with the investigation. Considering the entire aspects of the matter, the nature of allegations brought against the petitioner and in view of the seizure of the suspected articles, I a m of the opinion that the release of the petitioner on bail, at this stage, will not adversely affect the investigation of the case. In view of the above, it is directed that in the event of arrest of the petition er in connection with the case aforementioned, he shall be released on bail of R s. 20,000/- (Rupees twenty thousand) only with 1 (one) local surety of the like amount to the satisfaction of the arresting authority. It is provided that in the event of his release on bail, the petitioner shall no t interfere with the investigation in any manner and shall make himself availabl e before the I.O. as and when required. Return the case diary. Bail application stands disposed of.