(1) Cri. Application No.4236 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No.4236 of 2011 Shri Ramesh s/o. Shankarappa Birajdar, Age : 54 years, Occupation : Business, R/o. Udgir, Taluka : Udgir, District : Latur. .. Applicant. versus 1. The State of Maharashtra, City Police Station through Inspector, Taluka : Udgir, District : Latur. 2. The Superintendent of Police, Latur, District : Latur. .. Respondents. ....................... Mr. Joydeep Chatterji, Advocate, holding for Mr. R.P. Bhumkar, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for respondent nos.1 and 2. ........................ (2) Cri. Application No.4236 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 14TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest in connection with Crime No. 3015/2011, registered at City Police Station, Udgir (District : Latur), for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Vishwanath s/o. Vyankat Kshirsagar, Naib-Tahsildar (Supply), Udgir Tahsil Office, Udgir, on 29th August 2011, alleging that upon raid conducted on 25th August 2011, it was found that the applicant herein stored 307 quintals rice, amounting to Rs. 9,21,000/-, and 359 quintals wheat, amounting to Rs. 4,30,800/-, totalling Rs. 13,51,800/-, in the godown of the applicant which is located near Sangram School, Nawa Mondha Road at Udgir, (3) Cri. Application No.4236 of 2011 unauthorizedly, with a view to sell the same in black market, and the said goods were seized under the panchanama on the same day. 4. On the aforesaid background, learned Counsel for the applicant pointed out that the applicant was having valid license dated 24-4-2008, copy of which is produced at Exhibit "A", to store the foodgrains up to the quantity of 1500 quintals, and the said license has been issued by the Tahsildar, Udgir, which is valid up to 31st December 2013, and submitted that the applicant had produced the said license on the very next day of the date of raid, although it was not produced at the time of raid. Moreover, learned Counsel for the applicant also invited my attention to the fact that the applicant was permitted to store the foodgrains at the premises of M/s. Shankarapa Biradar Market Yard, Udgir, and the alleged raid was effected at the godown of the applicant situated near Sangram School, Nawa Mondha Road at Udgir, which is exactly behind and adjacent to the premises of M/s. Shankarapa Biradar Market Yard, Udgir. Accordingly, it is apparent that the applicant was having valid license to store food grains up to the quantity of 1500 quintals at the relevant time. Moreover, seizure has been already effected and the aforesaid food grains are already in possession of the concerned authority. Besides, it is also material to note that although raid was effected on 25th (4) Cri. Application No.4236 of 2011 August 2011, FIR came to be lodged after delay of four days i.e. on 29th August 2011, and apparently, the said delay has not been explained in the contents of the FIR. 5. Having comprehensive view of the matter, and considering the accusations made against the applicant, and the nature and gravity thereof, it does not appear that the custodial of the applicant is essential for further progress in the investigation, and therefore, applicant deserves anticipatory bail, but on certain conditions. 6. In the result, present Criminal Application is allowed and it is directed that in the event of arrest of the applicant, namely, Ramesh s/o. Shankarappa Birajdar, in connection with Crime No. 3015/2011, registered at City Police Station, Udgir (District : Latur), he be released on bail, on furnishing P.R. Bond in the sum of Rs. 20,000/- with one surety in the like amount, on the following conditions : (i) Applicant shall give attendance before the concerned investigator, twice in a week i.e. on every Monday and Thursday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (5) Cri. Application No.4236 of 2011 (ii) Applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. Present Criminal Application is disposed of finally. 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/4236ka