AB 391/2010 BEFORE THE HON’BLE MR JUSTICE K.MERUNO Heard Mr. J.M.Choudhury, learned Sr. Counsel assisted by Mr. M.Choudhury, learn ed Counsel for the petitioner and Mr. B.S.Sinha, learned Addl.P.P for the State . This application U/S 438 Cr.P.C. has been filed by the petitioner Shri Ramesh Kr . Mour apprehending his arrest in connection with Bureau of Investigation Econom ic Offence (B.I.E.O) P.S. Case No. 34/2010 under Sections 420/120 B IPC read wit h Section 39 of the Standards of Weights and Measurements (Enforcement) Act, 198 5 which was registered on the basis of the complaint filed by one Abbas Ali,Roya l Store,South Sarania, Guwahati on 9.12.10.The complainant received 7 bags of S urf Excel blue powder from the dealer .After opening the bag for sell in his sho p he found shortage of 10 bundles of surf Excel packet against 12 bundles. The reafter weighing other bags he found bag’s containing 7.12 K.G,7.343 K.G.,6.95 K.G, 7.11 K.G, 8.37 and 8.30 K.G per packet. But it was not as per declare inst ructions that each bag should contain 8.4.K.G Basing on the said complaint Hindustan Unilever Ltd. through its Senior Legal Ad viser wrote letter dated 7.12.10 to the Addl. Director General of Police, Burea u of Investigation Economic Offence, Srimantapur,Guwahati-32. In the said letter annexed as Annexure -A-1 1, clearly explained that on the basis of the said complaint of the said Abbas A li, the Officer of the Bureau of Investigation, had caused an inspection and fou nd that the surf excel detergent powder was found to be O.K. The petitioner is a stockist of the Hindustan Unilever Ltd. and he supplies the products to the who le sellers. When the product was released by the stockist there was no complaint about the weight. Only when the informant opened the packages, he found to have shortage in weight. Though the Case diary is not being produced by the learne d Addl.P.P, on the basis of the complaint and the letter dated 7.12.10, it clea rly reveals that no offence has been committed by the petitioner and in this vie w of the matter, this Court of the considered view that the petitioner is entit led to be enlarged on pre-arrest bail as provided U/S 438 Cr.P.C. Consequently, it is provided that in the event of arrest of the petition er Sri Ramesh Kr.Mour , he shall be released on bail on furnishing a bail bond o f Rs. 20,000/- with one surety of the like amount to the satisfaction oif the ar resting authority in connection with the aforesaid case. The petitioner shall ma ke himself available to the I.O. as and when required and he shall co-operate wi th the investigation . The interim order dated 22.12.2010 is made absolute. With the above directions, this bail application stands allowed and disposed of.