1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1386 /2010 (Arun Abarao Marode vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr A. B Mirza, Advocate for applicant Mrs. A R Taiwade, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 13 th September, 2010. Heard. 2, Interim anticipatory bail was granted on 3rd September,2010. Learned advocate for the applicant contended that despite specific averments in paragraph 9 of the reply making reference to earlier orders passed by this Court in Jeetendra R Nadani vs. State of Maharashtra in Cri. Appln.No. 848 /2010 dated 4.7.2010 and Sahebrao Karaje vs. State of Maharahstra in Cri. Appln.No. 3696/2009 dated 27th October, 2008, the Respondent-State did not make any reference to the earlier orders to clarify the position and still prays for custodial interrogation. No reply appears to have been given to paragraph 9 of the application which made out a case for grant of anticipatory bail as FIR has to be in accordance with law under the Essential Commodities Act. Learned Counsel for the applicant contended that the competent authority to lodge the 2 complaint is the District Supply officer and cognizance is required to be taken by the officer not below the rank of Sub-Divisional Police officer and if these conditions which are mandatory in nature, are not complied with there may be serious lacunae in the prosecution case. There is no clarification in this regard by the respondent- State. 3. For the foregoing reasons, the interim anticipatory bail granted on 3.9.2010 stands confirmed subject to same conditions. Application disposed of . . JUDGE Sahare