1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 848 /2010 (Jitendra Rajendrakumar Madhani vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A. B. Mirza, Advocate for applicant Mr S.J. Jichkar, APP for Respondent ... CORAM : A.H.JOSHI, J. DATED : May 26, 2010. 1. Heard Mr. A.B.Mirza, learned Advocate for the petitioner. 2. The offence alleged against the applicant is under the provisions of the Essential Commodities Act and was registered at the behest of the PSI. 3. It is not in dispute that the under the Essential Commodities Act, the cognizance is to be taken by an Officer not below the rank of Sub-Divisional Police Officer, which is not so done in present case. 4. In view of this glaring deficiency, the cognizance of the offence has not been properly taken. This aspect goes to the root of the case. This Court is, therefore, satisfied that the applicant is entitled for grant 2 of anticipatory bail. 5. In the event of arrest of the applicant in respect of Crime No.3040/2010 registered at Police Station Akot, Dist. Akola for offence punishable under sections 3 and 7 of the Essential Commodities Act, he be released on bail on his furnishing personal bond and solvent surety in the sum of Rs. 15,000/-. 6. Application stands disposed of. JUDGE sahare