1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3756 OF 2010 Dnyaneshwar Shankarrao Bodke-Patil.... Applicant Vs. The State of Maharashtra (Through P.I., Dindori Police Station) .... Respondent Mrs. S.A. Dhamale, Advocate for applicant. Mrs. P.H. Kantharia, APP for State. Coram : Smt. R.P. SondurBaldota, J. Date : 26th August, 2010 P.C. 1. The applicant apprehends the arrest in C.R. No.I-94 of 2010 registered with Dindori Police Station for commission of the offence punishable under Sections 406, 465, 467, 468, 471, 474, 420 Indian Penal Code and under Sections 3, 7 and 8 of Essential Commodities Act. He had earlier filed an application for anticipatory bail before the Sessions Court, which application was rejected by the order dated 20th August 2010. 2. The applicant carries on the business in the name and style M/s “ Ramkrishnahari Sheti Udyog , Dhakambe, Tal. Dindori, District Nashik ” of selling the fertilizers in wholesale as well as retail. For that purpose, he has obtained necessary license from the authority. Under 2 a scheme of the Central Government, the applicant purchased fertilizer by name muret of potash for selling the same to the “ ” agriculturists at subsidised rate. The scheme allowed the applicant to purchase the fertilizer at the cost of Rs.226/- per bag when it s’ market price was Rs.1,000/- per bag. He was required to sell it to the agriculturists at the rate of Rs.231/- per bag. The complaint alleges that the applicant had purchased 1119 bags of the fertilizer under the scheme and instead of selling all the bags to agriculturists, had sold a substantial portion to third parties. For that purpose, he prepared false record showing that the sale was made to agriculturists. The register maintained by the applicant shows fictitious names are of the agriculturists. The investigation also shows that the register does not correctly record the actual sale made to the agriculturists. Therefore, on 5th August 2010, the Agriculture Officer, Panchayat Samitee, Dindori filed the complaint. 3. The Police papers reveal that several persons mentioned in the register of the applicant as the purchasers of fertilizer are not in existence. Therefore, prima facie, the record maintained by the applicant and the receipts are not reliable. The learned APP submits that the applicant has committed serious offence, which is required to be further investigated and custody of the applicant will be required for interrogation in order to find the third agency to whom 3 the fertilizer has been sold. There is also complaint made by the learned APP on the instructions of Investigating Officer, who is present in the court that the applicant has not been co-operating with the investigation agency. Considering the facts and circumstances of the case and the conduct of the applicant, the application is rejected. (Smt. R.P. SondurBaldota, J) (Smt. R.P. SondurBaldota, J)