1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2075 OF 2010 Pankaj S/o.Manikchant Patni, Age-35 years, Occu-Agriculture, R/o.Lasur Station, Tq.Gangapur, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Through Shilegaon Police Station, Tq. Gangapur, Dist. Aurangabad. Mr.P.P.Dudile, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 21/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in connection with CR No. II-8/10 registered in Shilegaon Police Station of Dist. Aurangabad. 2. Heard learned counsel for applicant and learned APP for State. Also perused the papers of investigation till carried out. 3. It appears that when the application was moved on 09/06/2010, interim protection was granted during the pendancy of 2 this application. 4. It appears from the complaint of one Anil Shirsath, Agricultural Officer, attached to the Panchayat Samiti,Gangapur, that on the complaint of one Babasaheb Narole, reached at the godown situated near Lasur Station on Nagpur Mumbai Highway. It is the godown of the company, which is dealing in the business of sale of building construction material. During the said raid, 460 gunny bags of different types of fertilizers were recovered. It include 80 bags of Suphala 15:15:15 RCF containing 50 kg each, 38 bags of NPKP 10:26:26 Ifco company,of 50 kg each, 105 bags of DAP 18:46:00 of Hindrex Industries, each containing 50 kg, 190 bags of Singala Super Phospate Powder, containing 50 kg each, 3 bags of Urea RDF 50 kg. each. At that time, in the presence of witnesses, panchanama was prepared on 28/05/2010 and show cause notice was issued/served on the applicant, as he claimed to be the owner of that godown and those fertilizer bags. By way of notice, the applicant was asked to show cause about the authorization, validation of storage of these fertilizers in the un-licensed premises. According to the applicant, he and his family members are having huge agricultural land and anticipatory shortage of the fertilizers in future, they have purchased these fertilizers bags in advance and stored it in godown. 5. It is not under dispute that the premises where these fertilizers were found stored, is not holding valid license to store the fertilizers as per the requisition of Section 3(2)(D) of The Essential Commodities 3 Act. Also the valid receipts of the purchase of these fertilizers, were not produced as required u/s. 3(2)(C) of The Essential Commodities Act. According to learned counsel for applicant, he is holding the valid receipts, which he has produced alongwith the application. 6. Some receipts were appeared to be produced alongwith the application on page no.39 to 47. Admittedly, the bags which were recovered, and when the time when the bags were recovered, is not a rainy season nor the harvesting season, but inspite of purchase of 90 bags, 80 bags of Suphala were found. So far as NPK, DAP product of Hindrex Industries, even though there are receipts about purchase of 72 bags, found 105 bags of the said company. No receipts are found about 190 bags of Super Phospate, and 3 bags of Urea and for the remaining bags of various companies, there is no explanation at all. The important question require consideration is that, if an agriculturist has purchased the fertilizer anticipating the shortage of it in future, then it is but natural that he will store those fertilizers at his field or at his residential premises and will not store these fertilizers in his shop, which godown is made for sale of building material, which shows something otherwise. As this raid was conducted on the basis of complaint of the journalist that this applicant and his family members have stored the unauthorized the stock of fertilizer at some godown of company from where they are selling the fertilizers in black market. Considering these aspects, as the premises from where the huge stock of fertilizers was detected and recovered, is not holding any valid license about storage, 4 manufacture and to sale the fertilizers, and also no explanation is coming to that effect, this is not a fit case where the applicant is entitled to release him on anticipatory bail. Application sans any merit and rejected. (A.V.POTDAR, J.) khs/JUNE 2010/cri-appl-2075-10