1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3610 OF 2009 Ranjana W/o.Avinash Jaiswal, Age-42 years, Occu-Household, R/o.Teacher Colony, Visarwadi, Taluka Nawapur, Dist. Nandurbar APPLICANT VERSUS 1. The State of Maharashtra, Through Police Inspector, Visarwadi Police Station, Visrawadi, Tq.Nawapur, Dist. Nandurbar 2. The Superintendent of Police, at Nandurbar. RESPONDENTS Mr.A.A.Mukhedkar, learned counsel for the applicant. Mr.N.R.Shaikh, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 11/11/2009 PER COURT : 1. By the present application, the applicant has prayed to release her in connection with CR No.37 of 2009 registered in Visarwadi Police station, Taluka Nawapur, for an offence u/s. 3 and 7 of The Essential Commodities Act. 2 2. Heard Adv.Mukhedkar for applicant followed by the submissions of learned APP Shri.Shaikh appearing for respondent State. As the notice was already issued, the papers of investigation till carried out are made available for my perusal at the time of submissions across the bar. 3. Papers of investigation/FIR discloses that on the day of 23/08/2009 when the cylinders were found in the premises occupied by the present applicant and from one of the cylinder, with the help of pipe, the gas was filled, which is known as LPG in one Omni Maruti car which stood in front of the house occupied by the applicant. That Omni Car as well as the premises where the cylinders were found stored was of the ownership of the husband of the applicant. The title deeds of the vehicle in which un-authorisedly the gas was filled up as well as the premises are stood in the name of husband of the applicant, but the papers of investigation discloses that the owner and occupant of the vehicle as well as the premises was not arrayed as an accused in connection with the offence registered vide CR No.37/2009, but the applicant/wife of the owner as found present at the material time was arrayed as an accused. Considering the ingredients requisite to constitute an offence under the one and different sub sections of Section 3 of r/w. Section 7 of The Essential Commodities Act, the authorised owner of the vehicle as well as the premises where the gas cylinders were found to be arrayed as an accused, but present applicant is only arrayed as an accused in connection with that offence. In the premise, considering 3 the investigation till carried out, the application deserves following order : O R D E R 1. Application allowed in terms of interim order passed on 14/10/2009. 2. The order passed on 14/10/2009 to continue for the period of 6 weeks. Within meantime, the applicant is at liberty to apply for regular bail before the competent court of Law. 3. Application stands disposed of in terms of above order. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3610-09 4