1 cr-apln-4230-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLN. NO. 4230 OF 2010 Ranjit Kanksen Bhanushali and Anr. ..Applicants Vs. The State of Maharashtra ..Respondent .... Ms. Sherali S.Khan Adv. for applicants Mr. V.B.Konde-Deshmukh APP for the State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 19, 2010 P.C.: 1 Heard the learned advocate for the applicants and the learned APP for the State. 2 The applicants are seeking quashing of LAC No. 7 of 2006 dated 4.4.2006 and the proceedings relating thereto i.e. CC No. 314/PW/2009 which is pending before the learned Metropolitan Magistrate, 5th Court, Dadar, Mumbai. The said case is under Sections 3, 7 and 10 of the Essential Commodities Act. 2 cr-apln-4230-10 3 According to the complainant, the applicants who are Directors of M/s. Supermix Petrochemical Pvt. Ltd. having its office at Prabhadevi, Mumbai imported 150 metric tonnes of free sale kerosene oil in September, 2003 and in respect of this kerosene End use certificate for the month of October, November and December, 2003 was not submitted to the Rationing Department, Worli, Mumbai. In the said case, the investigation is over and the charge sheet has been filed. As per the charge sheet the applicants have not furnished End user certificates for the months of October, November and December 2003 to the Rationing Department, hence, they are being prosecuted. 4 The learned advocate for the applicants stated that on 24.12.2003 and 29.1.2004 the officers from the Sales Tax Commissionerate had visited the premises of the applicants and they have taken certain documents in their custody. Among documents which were taken into custody by the Sales Tax Department, there were End-user certificates for the months of October and November and December 2003. The applicant has pointed out this fact to the investigating agency. Hence, the investigating agency issued a letter to the office of Sales Tax Commissionerate to which a reply dated 17.7.2007 was received by the Investigating Officer. The said letter dated 17.7.2007 from the Assistant Sales Tax Commissioner clearly 3 cr-apln-4230-10 shows that End-user certificates for the months October, November and December, 2003 had been taken into custody by the Sales Tax Department during their visit on 24.12.2003 and 29.1.2004. 5 Looking to the fact that documents were in the custody of the Sales Tax Department, obviously the applicants could not submit the said documents to the Rationing Department. Thus, no fault can be found with the applicants for non-submission of the said documents to the Rationing Department in view of the fact that documents were no longer in their custody but they were in the custody of the Sales Tax Department. 6 In this view of the matter, LAC No. 7 of 2006 and the proceedings relating thereto i.e. C.C.No. 314/PW/2009 is quashed. 7 Application disposed of. [ SMT. V.K.TAHILRAMANI, J.]