1 CR.APL NO.1556/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 17. APPLN/1556/2011 RAMESH VITTHALRAO PATHARKAR [Criminal] V/S THE STATE OF MAH -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Abhijit P.Avhad, Adv., for the applicant. Mr.K.S.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:11/4/2011 1. Heard finally. 2. The accused/applicant seeks pre- arrest bail in Crime No.I-105/2011 registered at Pathardi Police Station for an offense under Sections 3 and 7 of Essential Commodities Act and under Section 420 of IPC. 3. The accused/applicant is a fair price shop dealer, however, without exerting his bona fides to distribute the food-grains meant for card holders, he has activated with the Government officials - the godown In Charge to divert the goods/wheat and rice, which was initially meant for distribution. Statement of the driver of the vehicle implicates the accused. 2 CR.APL NO.1556/2011 The necessary papers also show involvement of the accused/applicant to be the person receiving the goods. The contention that unless the goods reached destination or fair price shop of the accused, he is not involved, is illusory and not to be acted upon. No case for exercise of Section 438 of Cr.P.C. Application dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/1556-11crapl