IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) Nos. 264 & 265 of 2009 Date of decision: 24.4.2009 Cr.M.P.(M) No. 264/2009 Abhimanyu Shyam …..Petitioner Versus The State of H.P. ……Respondent _______________________________________________________ Cr.MP (M) No. 265/2009 Kapil chandel ….Petitioner Versus The State of H.P. …Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 For the Petitioner: Mr. H.C. Sharma, Advocate in Cr.MP(M) No. 264/09. Mr. Varinder Verma, Advocate, in Cr.MP(M) No. 265/09 For respondent : Mr. J.S. Guleria, Assistant Advocate General. Surinder Singh, J. (Oral) The petitioners are the Depot Holders in these both the petitions, they are apprehending their arrest in FIR No. 53/2009 dated 13.4.2009, registered under Sections 3 & 7 of the Essential Commodities Act, 1955, allegedly for selling the kerosene oil, a controlled item and meant for the sale to the persons below poverty-line, against their Ration Cards, to one Ram Krishan who was caught red-handed while transporting three drums 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - of kerosene oil in Bolero Jeep, containing 180 ml. each of the drums. Pursuant to the last order, the petitioners have joined the investigation in this case. The statements of the Card Holders are yet to be taken by the Investigating Officer. Therefore, in these circumstances, in my opinion, when there is no allegation of jumping over the bail or non- cooperation with the investigation of this case, pre-arrest bail can be granted to them. Accordingly their applications are allowed and interim bail granted on 17.4.2009 is confirmed on the same terms and conditions. Both these applications are disposed of. April 24, 2009 (Surinder Singh),J. (cm)