1 ABA 522.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 522 OF 2011 Mr. Sunil Motilal Sadarangani. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. A.A. Kumbhakoni i/b. V.V. Purwant for the Applicant. Mrs. S.D. Shinde, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 17th JUNE 2011. P.C. :- Heard. 2. The Investigating Officer is absent. However, with the consent of the learned APP, heard finally. 3. I have gone through the Application and the annexures thereto. The Applicant is sought to be arrested in C.R. No. I-3043 of 2011, registered at Faujdar Chawdi Police Station, Solapur, which is in respect of an offence punishable under Section 7 of the Essential Commodities Act. 4. The case of the Investigating Agency is that on receipt of certain secret information by the Police, about wheat meant for distribution through fair price shop was to pass through 2 ABA 522.11.sxw Solapur City for selling in Black Market, the same was conveyed by them to the Supply Officer. The Police and the said Supply Officer, therefore, kept a watch at Bale Cross Road, Solapur. As per the information, a truck bearing No.MH-12.AQ 4228 was seen coming from the road. The said truck was stopped. The driver gave his name as J.R. Shaikh. The truck was found to be containing hundred and two gunny bags, each containing 100 Kg. of wheat. When inquiries were made with the said driver, he stated that, as per the directions given by the owner of the truck - one Riyaz Maulali Lokapalli - the said wheat was being taken for delivery to R.M. Dal & Besan Mill, Chincholi, M.I.D.C., Solapur, for selling in black market. Since the Applicant is the owner of the said R.M. Dal & Besan Mill, the Applicant is now sought to be arrested. 5. In view of the developments that have taken place after the seizure of the said wheat, it is not necessary to discuss whether these facts were, by themselves, sufficient to implicate the Applicant. 6. In the course of investigation, the mill and godown of the Applicant was visited and the entire stock found therein was checked. Admittedly, no unauthorized or unaccounted stock was found with the Applicant. The Applicant has, admittedly, not violated any conditions of the licence issued to him by the Competent Authority with regard to the permission for storing wheat. 3 ABA 522.11.sxw 7. Mr. Kumbhakoni submitted that the wheat seized was not meant for distribution through the Public Distribution System. According to him, such wheat is always kept in the quantity of 50 kgs. In one gunny bag, and not in the quantity of 100 kgs. per gunny bag. Interestingly, in the course of the inquiry held by the Collector, in respect of the proceedings for confiscation of the said wheat under the provisions of the Essential Commodities Act, statements of certain persons from the Civil Supplies Department were recorded and these statements, (copies of which are annexed to the bail application), show that those persons themselves doubted whether the wheat found in the truck was relating to the public distribution system. In fact, in her statement recorded by the Competent Authority, the first informant herself stated that she was unable to state, with certainty, that the wheat found in the truck related to the Public Distribution System and has, in fact, made a statement that such wheat is stored in a gunny bag of 50 k.gs. and not 100 k.gs. The Competent Authority, under the Essential Commodities Act, has already passed the order of release of the said wheat in favour of the Applicant, on certain terms and conditions. 7. Considering all these aspects, it is difficult to hold at this stage, that there exists a prima-facie case against the Applicant. At any rate, the detention of the Applicant in custody, is not necessary from the point of view of investigation. 4 ABA 522.11.sxw 8. Under these circumstances, the Applicant deserves to be granted anticipatory bail. 9. In the event of his arrest in C.R. No.I-3043/2011, the Applicant be released on bail in the sum of Rs.15,000/- with one surety, in like amount, on condition to attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. (A.M. THIPSAY,J.)