{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4250 OF 2010 Babasaheb Tulshiram Kamble APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. A.G.Shah h/f Mr.N.S.Ghanekar, Advocate for the applicant Mr. B.V.Wagh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th October 2010 PER COURT: 1. By the present criminal application, the applicant seeks pre-arrest bail in connection with Crime No.46/2010 registered with Pimpalner police station, Dist-Beed for an offence punishable u/s 3 and 7 of the Essential Commodities Act. 2. Interim protection was granted in favour of the applicant, on 25.10.2010. 3. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation, {2} particularly, complaint and the report of verification of stock of Government Godown by the flying squad dated 27th September 2010. 4. It appears that on 27.09.2010, the said offence is registered on the complaint of one Suresh Khade, Police Sub Inspector. It is alleged that on receipt of secret information, vigilance was kept and two trailors containing 500 gunny bags each containing 50 kg of rise were intercepted. On inquiry the drivers informed that the same were collected from Government Godown at Pimpalner prior to 4 days. Accordingly, offence was registered against the drivers, purchaser of the goods and the godowoon keeper, the applicant. 5. Learned counsel for the applicant invited my attention to the report of stock verification dated 27.09.2010 in respect of verification of stock of Government Godowoon at Pimpaler. The said report indicates that at the time of verification 5.42 quintals of rise was found deficit. Admittedly, the rise which was found in the trailors, which were intercepted, was 500 gunny bags i.e. about 250 quintals. In view of this, case is made out to exercise discretion vested in this Court. 6. Consequently, the application is allowed. Interim protection granted in favour of the applicant is confirmed and to remain in force till filing of the charge sheet. The applicant is {3} directed to attend the concerned police station on 10th and 16th day of each month and if required for interrogation on written intimation from IO concerned, till filing of the charge sheet. [A.V.POTDAR, J.] drp/B10/criapln4250-10