1 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 Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3229 OF 2009 Munwarali Saifoddin Babji and another Versus State of Maharashtra and another *** Mr. S. M. Godsay, Advocate i/b Mr. J. R. Shah, Advocate for the Applicants. Mr. K. M. Suryawanshi, Advocate for the Respondent No.3. *** CORAM: K. U. CHANDIWAL, J. DATED: 25th SEPTEMBER, 2009. 1. Heard learned counsel for the respective parties and learned A.P.P. Pre-arrest bail in Crime No.63 of 2005 registered at Nandurbar Taluka Police Station for offence under section 420, 468, 471, 109 read with 34 of IPC and under sections 3 and 7 of Essential Commodities Act, is sought. 2. Counsel submits, the accused/ applicants have no role in transportation of NAFTA. The bills produced by Parasnath Petro Chemical are false, fabricated and at no time such bills were issued by 2 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 Court’s or Judge’s orders. and Registrar’s orders. the Applicants. 3. As against this, learned A.P.P. pointed that in the statement of drivers, they have specifically disclosed that the NAFTA was illegally transported and disposed of at the instance of present accused/ applicant having procured from Parasnath Petrochemicals. The present accused/ applicant, it is alleged, have prepared false bills of Asha Kego Oil, Pondecheri and NAFTA was purchased. The End Use Certificate produced by Parasnath Petro Chemicals was found to be a forged document. The accused/ applicants have allegedly purchased huge quantity of NAFTA without any authorisation and licence from said Parasnath Petro Chemicals and it was revealed to have been disposed of at the petrol pumps at Kanhergaon, Kalgeshwar, Nashirabad, Bhusawal. The detailed interrogation and investigation is to be caused. The tankers in which such goods were transported are yet to be seized. The 3 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 Court’s or Judge’s orders. and Registrar’s orders. investigation indicate total 1904 K.L. NAFTA was removed and illegally transported by the accused/ applicants and naturally it has been used for adulteration in the petrol. Considering the gravity in the matter, bail in terms of section 438 Cr.P.C. is not desirable. Application rejected. Observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:25/09/2009. ans/3229