1 APPLN 5616 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5616 OF 2010. Vijaykumar Gulabchand Laddha .. Applicant -versus The State of Maharashtra .. Respondent. Mr S.K. Shinde, for the Applicant. Mr. J. P. Kharge, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 23th December, 2010 P.C. 1. This is an application for anticipatory bail by a person who was running a kerosene shop where kerosene meant for being distributed in Public Distribution System is sold. On 27th November, 2010, there was a complaint by local M.L.A belonging to Shivsena Party that some kerosene was sold to the truck drivers. It was found that the applicant had sold 100 litres of kerosene to Gorakshnath Ganpat Pagar, the owner and driver of truck bearing No.MH-19Z-610 and 200 litres of kerosene is sold to one Vipul Hire the driver of truck bearing no. MH15-AG 8766. Applicant’s shop was sealed. On the next day panchnama was drawn and it was found that the originals receipts which were supposed to have been issued to card holders were lying in the shop itself. Necessary 2 APPLN 5616 OF 2010 stock books and other records which were required to be maintained were not in the shop. Therefore, the Tahsildar, made a report to the police on which offence is registered. 2. Learned counsel for the applicant first submits that the statements of two truck drivers about purchase of kerosene from applicant may not be relied since they are the co-accused, since they purchased kerosene meant for public distribution system. Whether ultimately they remain co-accused or become witnesses will be determined after investigation. Their statements that they have purchased from the applicant kerosene meant for public distribution system are on record which show breach of trust by applicant. 3. Learned counsel for the applicant next submits that all other deficiencies which have been noticed in the panchanam are mere irregularities for which appropriate action under Essential Commodities Act, could be taken. He submits that this complaint has been made because of some political rivalry with the MLA and therefore, he apprehends that his client would be un-necssarily arrested and his reputation will be maligned. 4. This is a case whether kerosene meant for being distributed in public distribution system has been diverted and there are two truck drivers who had purchased the same. According to Tahsildar who is present, samples have been sent to 3 APPLN 5616 OF 2010 the Laboratory for analysis. There is no question of applicants apprehending wrongful arrest due to political rivalry since the MLA is stated to belong to opposition party in the State Shivsena, which as a corollary would imply that applicant belongs to the ruling party. This cannot be a ground to grant of anticipatory bail. Considering the nature of allegations made, the applicant is not entitled to bail. Application is rejected. (R. C. CHAVAN, J.)