1 Criminal Application No.4054/2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4054 OF 2009 Shaikh Sharifoddin s/o Ahmed Mohiuddin... PETITIONER VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri S.M. Godsay, Advocate for applicant Shri N.H. Borade, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATED : 15th June, 2011. PER COURT : 1. Heard. In a raid arranged at the premises of the petitioner, 22000 litres of kerosene was found. The petitioner claims that it was under a licence issued by competent authorities. The facts were allegedly verified by the authorities and as referred in para 4 of the affidavit-in-reply, it is clear that the cancellation of licence of the petitioner was questioned by him before the Additional Commissioner (Civil), Aurangabad, who has allowed the appeal on 30.11.2009 and the licence was restored. Considering this situation, it is explicit as on the date of raid there was licence in favour of the petitioner. The 2 Criminal Application No.4054/2009 contention that the kerosene was found without balance in stock register, if to be verified, it is a irregularity, which the officer could have directed to correct. Considering these aspects, no case in terms of infraction of Sections 3 and 7 of the Essential Commodities Act is made out. Consequently, F.I.R. initiated against the petitioner in Crime No.24/2009, registered at Ashti Police Station is quashed and set aside. Criminal Application is allowed. (K.U. CHANDIWAL, J. ) fmp/cri4054.09