( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4327 OF 2010 Ganesh @ Dinesh s/o Gangaram Viddye, R/o 443, Satbhai Lane, Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. V.S. Bedre, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd November, 2010] PER COURT : 1. By this application, the applicant seeks directions under section 438 of the Criminal Procedure Code. 2. The applicant apprehends arrest in connection with crime registered vide No. II-133/2010 for offences punishable under section 3 and 7 of the Essential Commodities Act. 3. On account of a general complaint that traders were using domestic L.P.G. for commercial purposes, several hotels and other commercial premises were raided by the police. The ( 2 ) hotel run by the applicant was one of such commercial places. Allegedly, it was found that one of the L.P.G. cylinder was attached to the furnace of the hotel and another empty cylinder was kept in the kitchen room. 4. Having heard learned advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, it is explicit that the applicant was found running the hotel called "Pancham Cateen". It is further prima facie clear that both the cylinders were seized by the police during course of the raid. Ordinarily, the applicant is not entitled to seek the discretionary relief in view of his involvement in the crime. Still, however, since the L.P.G. Cylinders have been already seized and nothing is to be recovered from the applicant, his custodial interrogation is not found necessary. It will be suffice, therefore, if he is directed to attend the Police Station and cooperate with the Investigating Officer. 5. In the result, the application is allowed. The applicant shall be released on bail, in the event of his arrest, on furnishing of the bail bonds in sum of Rs. 15,000/- (rupees fifteen thousand) before the Arresting Officer, and shall attend the concerned Police Station as directed vide ( 3 ) order dated 2nd November, 2010 till filing of the report/challan/chargesheet. The Collectorate is at liberty to consider and take cognizance of the commission of such a crime by the applicant and likewise persons who are running commercial businesses, for the purpose of revocation of their licenses by adopting required procedure. 6. The learned APP may act on copy of this order, duly authenticated by the Court Shirestedar. [V.R. KINGAONKAR] JUDGE NPJ/criapln4327-10