1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4610 OF 2010 Somnath S/o.Dagduji Bale, Age-55 years, Occu-Agriculture, R/o.Khas Bag, Khadkat Road, Ashti, Tal. Ashti, Dist. Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.4631 OF 2010 Sandeep S/o.Popatrao Saikad, Age-36 years, Occu-Agriculture, R/o.Ashti, Tq.Ashti, Dist. Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.R.S.Deshmukh, learned counsel for the applicant in first application Smt.S.S.Jadhav, learned counsel for the applicant in second application. Mr.N.H.Borade, learned A.P.P. for respondent State in both applications. (CORAM : A.V.NIRGUDE) VACATION JUDGE DATE : 11/11/2010 2 PER COURT : 1. Both these applications can be decided by this common order. 2. Both the applicants are accused of committing offences punishable u/s. 272, 328, 420 of The IPC and u/s. 5,7,12 of The Food Adulteration Act. 3. In both these cases, the police, on secret information, raided certain houses and found large stock of milk powder or whey powder in possession of the applicants. The applicants were also found possessing certain chemicals which were separately kept in the same premises. The Police drew a conclusion that these articles were stored for the purpose of adulteration of milk or for preparing noxious food articles, which would be eventually sold in the market. The Police, admittedly, did not find any adulterated food articles prepared using the above mentioned substances. The applicants were arrested long back on 08/10/2010, and they are in custody since then. Their applications for bail were rejected by the learned Additional Sessions Judge, Beed mainly on the ground that, if they released on bail, they may tamper with prosecution evidence. The learned Judge, however, did not mention in his order as to whether any prima facie case is seen against the applicants or not. On the face of it, there appears no prima facie case either under the IPC provisions mentioned above, or even under the provisions of The Food Adulteration Act. It is not the prosecution case that the milk powder or whey powder were adulterated goods. It is neither their case that 3 the chemicals found in possession of the applicants were adulterated food articles. As said above, the Police did not find any mixture of the above mentioned articles. It is clear that the Police arrested the applicants on suspicion. Apparently, the applicants have not committed any offence. Unfortunately, for the applicants, the learned Additional Sessions Judge did not realize this aspect of the case. The applicants deserve bail. The applicant in Cri.Appl.No. 4610/2010, in connection with Crime No.127/2010, and the applicant in Cri.Appl.No. 4631/2010, in Crime No.126/2010, both registered by Ashti Police Station, Dist. Beed, be released on bail of Rs.5,000/- each with one surety each in the like amount. Parties to act on the authenticated copy of this order. (A.V.NIRGUDE) VACATION JUDGE khs/NOV. 2010/cri.appl.4610-10