1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3873 OF 2009 Mr.Bhavesh Dhanpati Maheshwari ...Applicant vs. The State of Maharashtra ...Respondent Mr.Shirish Gupte, Senior Counsel and Mr.Subhash Desai and Mr.Shailesh Shukla i/b. M/s.AZB & Partners for the Applicant. Mr.Y.M. Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 24, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant was the manager of the Metro Cash & Carry India Pvt.Ltd. where 224 quintals sugar was stored in the premises of the company. It is alleged that the company did not have any licence to store the said sugar and therefore, there is clear violation of the Sugar Control Order and the 2 accused, therefore, had committed an offence punishable under Sections 3,7,8 and 10 of the Essential Commodities Act. 3 He submitted that the applicant was the only Manager of the said company and was not in charge of the respective premises. It is submitted that apart from that initially Sugar Control Order was issued on 26th March, 2009, however, the said Sugar Control Order was in force only till 26th July, 2009. He submitted that the sugar was seized from the godown on 3rd August, 2009. He further submitted that though fresh order was issued on 1st August, 2009, it came into force after it was published in the Gazette on 3rd August, 2009. He submitted that the sugar was seized from the godown on 3rd August, 2009. It was, therefore, submitted that the provisions of the said Sugar Control Order did not come into force at that time when the sugar was seized from the godown. 3 4 The learned APP also fairly conceded that though the Sugar Control Order was dated 1st August, 2009 but it was published in the Government Gazette on 3rd August, 2009. 5 Since there is no material to indicate that the applicant was in-charge of the said factory and the sugar was seized at about 10.30 in the morning on 3rd August, in my view, custodial interrogation of the applicant is not necessary. 6 The applicant, therefore, in the event of his arrest in connection with an offence under Sections 3, 7, 8 and 10 of the Essential Commodities Act which is registered vide C.R.No.1010/2009 with Bhandup Police Station, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station as and when called. 7 The application is disposed of. (V.M. KANADE, J.)