1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL REVISION APPLICATION NO.89 OF 2000 1.Sahebrao J. Kamble 2.Chhaganlal K. Bhanushali ...Applicants Vs. The State of Maharashtra ...Respondent Mr.K.H.Parekh, Advocate for the Applicants Mrs. A.A. Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 9TH DECEMBER, 2009 P.C. 1.This case is covered by the judgment of this Court rendered by Justice Marlapalle on 25th January 2007 holding that the Police Officer is not competent to carry out a search and seizure operation within the meaning of Clause 7 of the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order of 1990, which came to be challenged by the owners of another petrol pump. That application came to be allowed and the accused came to 2 be discharged in the case filed under the Essential Commodities Act. 2.Consequently, in this case also the applicants stand discharged of the offence punishable under the Essential Commodities Act. Hence, the impugned order dated 22nd November 1999 of the Special Court of Greater Mumbai in E.C.S. Special Case No.34/2009 dated 22nd November 1999 refusing to discharge the accused by dismissing Misc. Application No.843/1999 is set aside. 3.The accused stand discharged. The Essential Commodities Act case also stand disposed off accordingly. 4.The bail bonds of the accused stands discharged. 5.The Criminal Revision Application is accordingly disposed off. (SMT. ROSHAN DALVI, J.)