AB 1630/2011 BEFORE THE HON BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ners namely, Md. Riju Ali praying for bail, apprehending his arrest, in connecti on with B.I.E.O. PS Case No. 12/11 under Section 380 of the IPC read with Sectio n 7 (1) of the Essential Commodities Act. Heard Mr. M. Garodia, learned counsel for the petitioner and M r. BS Sinha, learned Addl. PP, Assam. Perused the case diary. The prosecution case is that 1235 litres of HSD was recovered fr om M/s New Raju Line Hotel situated at Shitalpathar under Dergaon police station . The aforesaid hotel is owned by Raju Hussain and the present petitioner is the brother of the said owner. From the case diary it appears that the owner is undergoing medi cal treatment at Chennai and in his absence, he used to look after the business of the hotel. Besides this, the owner is also having trucks. During the course of hearing, the learned counsel for the petiti oner has produced few vouchers of purchasing HSD oil. However, the cash memos ca nnot be considered at this stage without verification of its genuineness. Hence, it is not a fit case to grant anticipatory bail to the pe titioner. Accordingly, the bail application stands rejected.