1 Cri.A.2835.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2835 OF 2011 Sandip Vasant Borude, R/o Borude Mala, Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, and another. ...RESPONDENT. ... Shri. N.V.Gavare, Advocate for Applicant. Shri. B.J.Sonwane, A.P.P. for Respondents. ... CORAM: T.V.NALAWADE, J. DATE : 15TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime NO. 109 of 2010, registered with Kotwali Police Station Ahmednagar, for the offence punishable under sections 3 and 7 of the Essential Commodities Act. Papers of investigation were made available by APP. Both sides are heard. 2. Report came to be filed by Talathi, District Supply Office. After receiving instructions from District Collector, action was taken by the officers of the District Supply Office, and some Police Officers were taken 2 Cri.A.2835.11 with them in raiding Party. Different teams were prepared and raid was effected at commercial places like hotels. When the raid was effected at Hotel Sangam, one person Nandu Jadhav was present there and he informed that one Sandip Borude, present applicant is owner of the hotel and he was standing outside the hotel. The raiding party could not trace out the applicant in the vicinity of the hotel. When search of the hotel was made, two Gas cylinders of different companies meant for domestic use were recovered and they were being used for commercial purpose i.e. hotel. The said cylinders came to be seized. 3. Advocate for the applicant submitted that the license is standing in the name of one person Santosh Babanrao Sangam and the license was issued under Shop Act. The persons working in the hotel took the name of present applicant and on that basis he cannot be allowed to be arrested. The applicant has filed copy of the license, copy of Shop Act license and receipt of Cylinder. It is surprising that applicant has contended that he has no concern with the hotel in respect of which aforesaid record is collected. While deciding such proceeding the Court has to keep in mind the practice in commercial activities like hotels. At present there is allegation against the applicant that he is running hotel and two cylinders are recovered from the hotel and there is sufficient material to make out the 3 Cri.A.2835.11 case against the person running the hotel for the offence punishable under section 3 and 7 of the Essential Commodities Act. At this stage, particulars of license etc. is not require to be seen. There is practice that person who obtain license give the hotel to other for running. At present not possible to infer that there is false implication. There is no reason as to why persons working in the hotel should falsely implicate the applicant only. Advocate for the applicant submitted that he is in hotel business but present hotel is not belonging to him. This submission cannot be accepted at this stage. 4. The Government pays huge amount by way of subsidy for giving the cylinders to the general public, particularly poor persons and the cylinders are diverted for commercial use. This way, not only the Government is duped, but the persons for whom subsidy is given do not get this facility. In view of the circumstances, the source from where the applicant obtained cylinders needs to be traced. In these days such incidents cannot be taken lightly. It is good beginning that the Collector has taken such action and he is tracing the persons, who are using domestic cylinders for commercial purposes, which has been going on for many years. This Court holds that it is not fit case for granting anticipatory bail. Hence, application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK 4 Cri.A.2835.11