Crl. Misc. No. M-34396 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34396 of 2011 Date of Decision : 1st December, 2011 Manjit Kumar ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Sanjiv Gupta, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab. * * * L. N. MITTAL, J. (Oral) : Manjit Kumar has filed the instant petition under Section 438 Cr. P. C. for seeking anticipatory bail in case FIR No.115 dated 1910.2011 under Section 420 IPC and 7 of the EC Act, registered at Police Station Baghapurana, District Moga. I have heard learned counsel for the parties and perused the case file. The petitioner is admittedly a depot holder. According to prosecution version, he received supply of kerosene oil on 18.10.2011 for public distribution system. However, on 19.10.2011, he loaded eight drums containing 200 liters of kerosene oil each in a canter for sale in black Crl. Misc. No. M-34396 of 2011 -2- market. On raid, the canter with loaded drums of kerosene oil was recovered. The petitioner fled away alongwith record. Learned counsel for the petitioner vehemently contended that the petitioner had purchased this kerosene oil vide bill dated 18.10.2011 and he was shifting it to his godown. Learned State counsel on instruction from Head Constable Jagjit Singh countered the aforesaid contention by submitting that the kerosene oil is of blue colour, meant for public distribution system only. It is also contended that the petitioner accused fled away from the spot along with his record. It is also contended that statements of some villages have been recorded during investigation to the effect that the petitioner was not distributing the kerosene oil to ration card holders. Keeping in view the serious allegations against the petitioner, taking the kerosene oil of public distribution system, meant for poor consumers, for sale in black market, in my considered opinion, the petitioner does not deserve the concession of anticipatory bail. Accordingly the instant petition is dismissed, without meaning to express any opinion on merits of the case. 1st December, 2011 ( L. N. MITTAL ) 'raj' JUDGE