Cri. Apln. Nos. 2582 & 2663/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2582 OF 2011 Shri. Bhagwan s/o. Prakash Thakre, ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. N.L. Choudhari, Advocate for applicant. Mr. G.R. Ingole, APP for respondents. AND CRIMINAL APPLICATION NO. 2663 OF 2011 Manga s/o. Jairam Deore, ....Applicant. Versus The State of Maharashtra ....Respondents. Mr. Praveen S. Patil, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 12th July, 2011. PER COURT : 1. Both the applications are filed for anticipatory bail in Cr. No. 6/2011 registered in Nizampur Police Station, Dhule for offences punishable under sections 3 and 7 of the Essential Commodities Act. The papers of investigation were made available. Both the sides are heard. Cri. Apln. Nos. 2582 & 2663/11 2 2. The crime is registered on the basis of report given by one Bapu Jiva Bahiram. The incident took place on 22.5.2011 when the villagers of Devjiwada intercepted a truck containing 56 quintal wheat which was meant for distribution through fair price shop. The shop is run by Manga Deore, applicant from proceedings bearing Criminal Application No. 2663/2011. The villagers had seen that the bags were loaded from this fair price shop in the truck and the truck was being taken out of the village. The officers were called and during inquiry the driver informed that the truck was taken on hire basis by Bhagwat Thakre, applicant from proceedings bearing Criminal Application No. 2582/2011 and Bhagwat Thakre had taken him up to the spot where his truck was intercepted. Thakre was to take him to the destination. There is record like panchanama and statements of villagers. This record shows that from the fair price shop of Deore, wheat was loaded in the truck and it was being taken to other place and Thakre was taking the wheat. These circumstances are sufficient to make out prima facie case for offences punishable under section 3 and 7 of the Essential Commodities Act. 3. The instances of selling the essential commodity, which is meant for public distribution system and on which the Government spends by way of subsidy etc., in open market/black market are increasing day by day. False record is generally created when the essential commodity is Cri. Apln. Nos. 2582 & 2663/11 3 taken out of ration shop. In such cases, custodial interrogation is must and only after that it can be found that where there were similar instances in the past and who were the purchasers. 4. At this stage advocate for applicant Deore submitted that he is not pressing the application bearing Criminal Application No. 2663/2011. At this stage, Advocate Shri. N.L. Choudhari submitted that this Court did not ask him whether he wants to withdraw the application. This Court expressed opinion that this Court is not inclined to allow both the applications and only after that both the advocates submitted that they want to withdraw the applications. So both the applications stand disposed of as withdrawn. [ T. V. NALAWADE, J.] ssc/criapln2582 & 2663/11