1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 296 OF 2010 Shankarrao Baburao Panhalkar .. Applicant V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Jaydeep D. Mane for the applicant. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 27TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No.3027 of 2009 registered at Pandharpur Taluka Police Station, District Solapur for an alleged offence punishable under sections 3 & 7 of the 2 Essential Commodities Act. 3. It is alleged that M/s Indogrape Wineries Pvt. Ltd., of which the present applicant is the Managing Director, had stored 260 bags of sugar each containing 50 kgs. of sugar. A raid was conducted on the godown and the sugar was seized. F.I.R. has thereafter been registered against the applicant. 4. Learned counsel for the applicant cited before me a notification dated 29th March 2009 issued by the Government of Maharashtra under section 3 of the Essential Commodities Act whereby for a period of 4 months from the date of the notification, a person was prohibited from storing sugar in excess of 200 quintals. The quantity of sugar sored in the present case was about 150 quintals which is less than 200 quintals. Learned A.P.P. submitted that the notification was applicable only for 4 months from 28th March 2009 and therefore expired on 3 28th July 2009. Sugar was found on 11th September 2009 and thereafter the applicant was not entitled to stock the sugar. 5. The notification imposed a restriction for storage of more than 200 quintals of sugar. During the period of the notification, a person was not entitled to store more than 200 quintals of sugar. After the notification expired, there would be no restriction on the quantity of sugar to be stored. Learned A.P.P. was unable to point out any other notification imposing any restriction for storage of sugar as applicable in September 2009. In the absence of any restriction, prima facie, no offence is committed. In any event, since the sugar has already been seized under a panchanama, further presence of the applicant for custodial investigation is not necessary. Hence, I pass the following order: 4 ORDER In the event the applicant is arrested in connection with C.R. No.3027 of 2009 registered at Pandharpur Taluka Police Station, District Solapur, he shall be released on bail on executing a personal bond of Rs.15,000/- with two sureties of the like amount. This order shall remain in force for a period of 2 months or till the charge-sheet is filed whereafter the applicant may, if he so desires, apply for bail before the regular court. It is clarified that all observations made above are only prima facie and the Sessions Court shall not in any way be influenced by them at the stage of hearing of application for regular bail or at the stage of trial. (D.G. KARNIK, J.)