1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (ABA) NO. 273 OF 2011 ( MOHAMMAD ZIYA MOHD. YUNUS...VS..STATE OF MAH. THR. PSO PATHROT.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.B.Mirza. Advocate for Applicant. Mr. D.M.Kale, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : NOVEMBER 09, 2011. Heard both sides. This Court (Coram : U.V.Bakre, J) on 20.08.2011 granted ad-interim anticipatory bail to the applicant. Thereafter the matter was adjourned from time to time and till then the interim order continues. The learned counsel for the applicant invited my attention to the clarification dated 22.08.2011 issued by Tahsildar, Achalpur in respect of 18 quintals of rice alleged to have been seized while being transported in Truck No.AMH- 30-L-3804. The applicant does not disown the ownership. It is his contention that he trades in grain and the rice seized was not meant for distribution through fair price shop. The aforesaid clarification issued by the Tahsildar prima-facie supports his defence. Besides refusing to comment as to whether the rice seized is similar to the rice which is distributed through the fair price shop, it is stated by the Tahsildar that the rice distributed through the fair price shops are in the sacks weighing 50 kgs. whereas the rice seized was in the sacks weighing 90 kgs. each. It is stated that during the process of seizure of the rice the office of Civil Supplies Department was not informed nor any of the officers from that department was present. 2 Considering the aforesaid clarification and the fact that the interim protection granted by this Court on 20.08.2011 till continues, the application deserves to be allowed. The interim order dated 20.08.2011 is confirmed. The application stands disposed of accordingly. JUDGE RR..