1 ABA : 636/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.636 OF 2011 Chandrakant Kedu Somase .... Applicant Vs. The State of Maharashtra .... Respondent Mr. S.K. Shinde i/by Mr. Makrand Panchakshari for applicant. Mrs. A.A. Mane, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 11th August, 2011 P.C. 1. The applicant seeks anticipatory bail in connection with Crime No.114 of 2010 registered against the applicant and 10 other accused persons for the offences punishable under Sections 465, 467, 468, 471, 474, 201, 419, 420, 120B, 406 read with 34 Indian Penal Code and 3, 7, 8 of Essential Commodities Act and 35(1)(a) of the Fertilizers Control Order 1985 and Clause 3 of the Fertilizers of Movement Control Order 1973. The applicant is accused no.11. 2 ABA : 636/2011 2. The applicant is working with Nashik Zilla Kanda Batata Utpadak Sangh (hereinafter referred to as Sangh ) as “ ” head of Fertilizer Department. He has ten employees working under him. It is the prosecution case that the fertilizers made available by the State at subsidised rates to the Sangh for distributing to farmers individually or through primary agricultural societies was sold by the applicant and other accused persons to other persons for making profits causing wrongful loss to the State and unlawful gain to the applicant and other accused. The first charge-sheet was filed on 3rd February 2011. At that time, the applicant herein and three others were not named as accused. Later on 19th April 2011, supplementary charge-sheet came to be filed against accused nos. 8 to 11. The material subsequently collected by police shows that it was the responsibility of the applicant to ascertain that the purchaser of the fertilizer held necessary license and permits. About 50 tons of fertilizer was found supplied to Sai Kripa Krushi Seva Kendra, Ugaon, Taluka Niphad 3 ABA : 636/2011 through Niphad taluka Krushi Padvidhar Krushi Udyog Vikas Sahakari Sanstha Maryadit and 10 tons to Mayuri Agro Agency, Niphad through Krushi Padvidhar Krushi Udyog Vikas Sahakari Sanstha Maryadit. Both, Sai Kripa Krushi Seva Kendra, Ugaon and Mayuri Agro Agency, Niphad do not hold necessary license for purchase of fertilizer. The investigation also revealed that there is no institution by name Sai Kripa Krushi Seva Kendra, “ Ugaon .” 3. The applicant disputes that the sale of fertilizer was done to either Sai Kripa Krushi Seva Kendra, Ugaon or Mayuri Agro Agency, Niphad. He contends that the sale by him was in fact made to Krushi Padvidhar Krushi Udyog Vikas Sahakari Sanstha Maryadit and only delivery of the fertilizer was made to Sai Kripa Krushi Seva Kendra, Ugaon and Mayuri Agro Agency, Niphad. This being the defence of the applicant will have to be considered by the appropriate court at the appropriate time. Considering the direct involvement of the applicant 4 ABA : 636/2011 into the sale of fertilizer, this court is not inclined to exercise its discretionary powers to grant anticipatory bail to the applicant. Hence. The application is dismissed. (Smt. R.P. SondurBaldota, J)