FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3445 OF 2011 NISAR ISMAIL TAMBOLI VERSUS THE STATE OF MAHARAHTRA ... Advocate for Applicant(s) Mr. Syed G R APP for Respondent(s) Mr. B.V.Wagh. ... CORAM SHRIHARI P. DAVARE, J. Dated September 13, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest under Crime No.II-132/2011, registered at Tofkhana Police Station, Ahmednagar for the offence punishable under section 3 and 7 of Essential Commodities Act. 3. It appears that crime has been registered on the basis of complaint lodged by Rajaram Shivram Shendage, Police Naik, alleging that, on the basis of information received by Police Personnel, raid was effected on 8.7.2011, at a place where there was material and machinery for sale, which could have been used for filing LPG. It is also alleged that when FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders said raid was effected, one person namely Amol Anil Ichcha was found on the spot and he was found in possession of seven gas hand pumps, one electric motor which can be used for refilling and gas pipe, duplicate gas regulator and killar to be adapted with the gas tanker. The value of the said articles was Rs.20,700/-. The said complaint also reflects that on inquiry said co-accused stated that said articles were taken from the applicant herein for sell. It is further alleged in the said complaint that the applicant herein committed breach of Rule 7 (a) of The Liquefied Petroleum Gas (Regulation of Supply And Distribution) Order, 2000 and, therefore, the complaint was lodged against them under section 3 and 7 of Essential Commodities Act. 4. Admittedly, interim protection was granted to the applicant by this Court by order dated 10.8.2011 and directions were given to the applicant to give attendance before the concerned Investigator and to cooperate to the Investigating Officer and not to tamper with the prosecution witnesses and not to commit similar offence. However, it is seen from the report and investigation papers that, although, applicant gave attendance before the concerned investigator, he has not cooperated to the investigating officer in the investigation and, he has not responded to the inquiry that from where the aforesaid articles were procured by him. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 5. Hence, having comprehensive view of the matter and accusations made against the applicant herein, and nature and gravity thereof, and more particularly, alleged breach of the Rule 7 (a) of The Liquefied Petroleum Gas (Regulation of Supply And Distribution) Order, 2000 apparently, there is no possibility of false implication of the applicant in the aforesaid crime and his custodial interrogation is imperative for further progress in the investigation in proper perspective, and hence, present application deserves to be rejected, vacating interim protection granted to him. 6. In the result, present application lacks merits and hence stands dismissed. Interim protection granted to him on 10.8.2011 stands vacated and present application stands disposed of finally. These observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. Present application stands disposed of finally. ( SHRIHARI P. DAVARE, J. ) aaa/- ***