{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2074 OF 2010 Ravindra Raghunath Sirsat & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. S.S.Thombre, Advocate for the applicants Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th July 2010 PER COURT: 1. By preferring the present criminal application, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.24/2010 registered with Talwada police station Dist-Beed. 2. It appears that interim protection was granted in favour of the applicants vide order dated 25th June 2010, as inspite of several opportunities, certain papers were not coming before this Court. {2} 3. Today, when the matter came up for final hearing, heard learned counsel for the applicants followed by the learned APP. Also perused the papers of investigation, which are made available for my perusal. 4. It appears that due to increasing tendency of smuggling of sand, a flying squad was constituted by the Tahsildar Georai. It further appears that the flying squad had carried out several combing operations to detect the sand smuggling. It also appears that when the flying squad was taking search in Godavari River Bed, in the evening on 13.03.2010, they came in contact with trucks which were found transporting sand illegally. Thereafter the said trucks were intercepted and the drivers were taken in custody. It appears that from the drivers of the said trucks, certain passes, issued for transportation of the sand, were recovered. It revealed that the said drivers were working for Ghule. As during interrogation of the drivers, initially name of one Ghule contractor was revealed and hence the said Ghule was taken in custody and interrogated. During the interrogation of said Ghule, name of Rajendra Mhaske, who according to the complaint runs a company in the name and style as “Shree Constructions” came to light and hence said Rajendra Mhaske was also interrogated. It is during the interrogation of said Rajendra Mhaske that names of the present applicants revealed. Rajendra Mhaske has stated during the investigation that the passes bearing stamp of Shree constructions, which were recovered from the truck drivers, were prepared by the {3} present applicants and were used for transportation of the sand. It has to be noted that as per the record, admittedly, the Shree Construction is not the auction purchaser for excavation of sand and hence said Shree Construction has no authority to issue passes for excavation and transportation of sand. Considering the fact that in this area there is large scale sand smuggling and even the sand mafia have gone to the extent of assaulting the revenue / police officers, it is necessary to uproot and unearth the racket of sand smuggling for which custodial interrogation of the present applicant is essential. Therefore, the applicants do not deserve to be enlarged on anticipatory bail. 5. In the result, the application, which is sans merits, stands rejected. The interim protection granted on 25.06.2010 stands vacated. 6. Though prayed for continuation of interim protection for a period of two weeks, yet considering the severity of the offence alleged against the applicants the same is rejected. Certified copy expedited. [A.V.POTDAR, J.] drp/B10/criapln2074-10