1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4567 OF 2009 Pradip s/o Keshardeo Agrawal ...Applicant VERSUS The State of Maharashtra, through police station Jafrabad, District Jalna ...Respondent ..... Shri Vivek Dhage, advocate for the applicant Shri D.V.Tele, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 5th May, 2010 PER COURT :- 1 Heard Shri Vivek Dhage, advocate for the applicant and Shri D.V.Tele, A.P.P. for the respondent. 2 This is an application preferred by applicant for anticipatory bail apprehending his arrest under C.R. No. 100 of 2009, registered at Jafrabad police station, District Jalna, for offences punishable under Sections 420 r/w 34 of the Indian Penal Code and also under Sections 3 and 7 of the Essential Commodities Act, 1955. 2 3 It appears that the offence has been registered on the complaint lodged by P.S.I. Asifkhan Osmankhan Pathan on 8.12.2009, alleging that when he was on duty at about 3.00 a.m. On 8.12.2009 and was present in Jafrabad police station along with P.I. S.D.Sonwane, P.I. Sonwane received a secret information from his informant that the food grain meant for distribution on ration is being carried on in a truck for its sale in black market. Accordingly, necessary station diary entry was taken to that effect and thereafter the complainant and other police personnel proceeded for the raid and arrived at Mahora at about 3.45 a.m. and noticed that truck bearing No. MH-18/1181 was arriving towards Shiwaji Chowk, Mahora. The members of raiding party suspected about the said truck, and therefore, halted the said truck and two panchas were called and names of the persons in the truck were asked and they gave their names as Akram Abdul Gani, driver and Abdul Rahim Abdul Sattar, cleaner, Jairam Rajaram Gavai, Shaikh Salim Shaikh Hasham and Rambhau Baburao Kamble. Inquiry was made by the raiding party about the contents in the said truck, but the said persons could not give satisfactory replies. Hence when rear side plank of the said truck was opened, it found containing gunny bags filled with rice. On further inquiry with the said persons as to from where the said gunny bags containing rice were brought, they could not give satisfactory replies thereof. During the inquiry, it was revealed that said food stock was meant for rationing purpose and same was being carried for its sale in black market in collusion with each other by the said persons. It was also found that said gunny bags bore Government 3 stamp and said gunny bags were reversed and stock of rice was filled therein. There were in all 238 bags containing rice of 50 kgs. in each bag, totally weighing to 11900 kgs., worth Rs.83,300/-. 4 On the afore said background, learned counsel for the applicant submitted that the applicant has filed additional affidavit and annexed the copy of the order passed by the Additional Collector, Jalna on 20.3.2010 as well as annexed the copy of the order passed by the Registrar, Sessions Court, Jalna dated 30.3.2010. Learned counsel for the applicant submitted that by the order passed by the Additional Collector, Jalna, directions were issued that the seized stock of rice i.e. 238 gunny bags, each containing rice of 50 kgs. Therein, was confiscated to the Government and same be distributed under A.P.L. Scheme as per Government rate. Learned counsel for the applicant pointed out that the applicant herein, however, preferred Criminal Appeal No. 19 of 2010 against the said order before the learned Sessions Judge, Jalna, wherein the District Court, Jalna has passed interim order and thereby stayed the impugned order dated 20.3.2010 passed by the Additional Collector, Jalna, by order dated 7.4.2010. Learned counsel for the applicant also filed further affidavit today and thereby stated that the said interim order has been continued till final disposal of the said appeal by order passed on 4.5.2010. 5 On the face of the afore said position, learned A.P.P. 4 submitted that during the course of investigation, statements of witnesses have been recorded and the statement of Jairam, loader and Akram Abdul Gani, driver connect the applicant to the alleged crime. It is submitted that the applicant is a grocery merchant and the stock of rice which was meant for distribution through ration was being purchased by the applicant for sale of the same in black market, which was seized as per afore stated information and further connections in that respect are to be investigated, and therefore, custodial interrogation of the applicant is necessary. It is also canvassed by the learned A.P.P. that apparently there is no question of false implication of the applicant in the present offence. 6 On perusal of the investigation papers as well as after considering the rival submissions advanced by the learned counsel for both the parties, it is apparent that the statements of witnesses namely Jairam Gavai, loader and Akram Abdul Gani, driver of the truck reflect the name of the applicant herein, and therefore, apparently there is no possibility of false implication of the applicant in the alleged crime. Moreover, the said statements also disclose the role of the applicant in the alleged offence and said statements apparently connect the applicant with the alleged crime. It is apparent that the huge quantity of stock of rice in 238 gunny bags weighing 50 kgs. of rice in each bag, meant for distribution on ration was being carried on for selling the same in black market and further connections thereof are required to be investigated thoroughly, and therefore, custodial interrogation of the 5 applicant is necessary. 7 Accordingly, considering the accusations against the applicant and nature and gravity thereof, I am of the view that this is not a fit case to exercise the extra ordinary jurisdiction under Section 438 of the Code of Criminal Procedure, and, therefore, present application deserves to be rejected. 8 In the result, present Criminal Application No. 4567 of 2009 being sans merit stands dismissed. Interim protection stands vacated. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4567.09