1 Criap.No.5377 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 5377 OF 2011 Manish s/o Omprakash Agrawal ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr A.B. Girase, Advocate holding for Mr D.S. Bagul for the applicant; Mr D.R. Kale, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 23rd December, 2011 PER COURT : Heard learned Advocates on both sides. 2. The applicant apprehends arrest in C.R. No.14 of 2011, registered with Visarwadi police station, for offences punishable under section 3 and 4 of the Kerosene Restrictions and Fixing of Selling Price Order, 1993 and under section 3 and 7 of the Essential Commodities Act. 3. The learned Advocate for the applicant submitted that on the 2 Criap.No.5377 of 2011 day when the raid was conducted the applicant was found in possession of kerosene to the tune of 17,000 and odd Ltrs. Sample in respect of the said kerosene was taken. C.A. reports do show that it contains a blue dye, similar to the one, which is used in public distribution system. 4. Learned Advocate appearing on behalf of the applicant submitted that in the past, the appropriate Department had conducted a raid and at that time, kerosene to the tune of 39,000 Ltrs. was found in possession of the applicant. That happened some time in the year 2006. Learned Advocate for the applicant took me through the text of the application and submitted that pursuant to order dated 16.8.2007 passed by this Court in Criminal Writ Petition No.65 of 2007 and Criminal Writ Petition No.277 of 2007, the applicant was allowed to retain the said stock and the applicant was allowed to sell the said stock and maintain accounts. 5. Learned Advocate for the applicant submitted that on the date of the raid i.e. on or about 1.2.2011, the applicant was found in possession of the kerosene to the extent of 17,800 and odd Ltrs. Learned Advocate for the applicant submitted that in view of the orders passed by this Court, retention of unsold kerosene was 3 Criap.No.5377 of 2011 permissible and, therefore, the applicant is innocent and the case launched against the present applicant vide C.R. No.14 of 2011 is false and, therefore, the applicant is entitled to anticipatory bail. 6. In the course of hearing which was conducted yesterday, learned Advocate for the applicant was asked to produce the stock register and the matter was adjourned to today. Today the stock register was produced and the last entry available in the said stock register is of 22.12.2011, which shows kerosene of 17,800 Ltrs. Learned Advocate for the applicant submitted that for reasons best known to the customers, the customers are not purchasing the kerosene from him and that is how from February, 2011, the stock situation has remained as it is. He submitted that the stock register placed by his client before the Court shows his bona fides and that the present applicant should be granted anticipatory bail. 7. Having perused the order passed by this Court, it is possible to say that the applicant was permitted to retain kerosene with blue colour meant for public distribution system way back in the year 2006 to the tune of 39,000 Ltrs. The present applicant claims that he has been selling the said blue kerosene as per the orders of the Court. A person who stores 39,000 Ltrs. of kerosene, as and by way of stock, 4 Criap.No.5377 of 2011 has sold 22,000 of kerosene and kerosene to the tune of 17,000 and odd remained to be sold. It is pertinent to note that kerosene which was found in the possession of the present applicant in the year 2006 did not bear any identification mark. It is to be noted that the present applicant is a dealer in kerosene, which will mean that he was required to sell kerosene which is not reserved for public distribution. The very fact that the applicant has in his possession kerosene of 17,000 and odd Ltrs. in February, 2011, it will mean that the present applicant has been trading in blue kerosene. There is no specific material placed before the Court to show that he has been dealing in white kerosene, which he was otherwise permitted to sell. The stock register which is produced before the Court, if perused in a proper manner, clearly goes to show that it is written by one person and same is not maintained in due course of business. All the entries which are found in the stock register are scribed in such a way that it is apparent that they are written on one day by one person with one ink pen. To my mind, it is clear that this stock register is created to protect the applicant. Learned Counsel for the applicant submitted that the various invoices, bills and other record in regard to the sale of blue kerosene which he was permitted to do has been already taken charge. This fact is required to be verified by the investigating authorities. The said papers, if produced, will 5 Criap.No.5377 of 2011 have to be scrutinized and it is thereafter only one can come to the conclusion that the applicant has been dealing in blue kerosene only in respect of the stock which he had. The manner in which the stock register is maintained raises a serious doubt about the stand of the applicant that he is selling blue kerosene which he was holding once upon a time and he has been permitted to sell. In my view, the stand of the applicant that he has been selling that kerosene only which he was permitted to sell is required to be seen with doubt. The very fact that the applicant was holding a large quantity of kerosene, to the extent of 39,000 Ltrs., which was meant only for public distribution system goes to show that the applicant's real business is of selling blue kerosene and not white kerosene. For all these reasons, the application for anticipatory bail is required to be rejected. Hence, following order is passed :- i) The application for anticipatory bail is rejected. ii) The registers which were made available to the Court are hereby returned to the applicant. iii) Learned Advocate for the applicant undertakes to produce these registers before the appropriate authority as and when required. (R. Y. GANOO, J.) amj/criap5377.11