1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4129 OF 2009 1.Bhatulal S/o.Shankarlal Jaiswal, Age-60 years, Occu-Business, 2. Sandip Bhatulal Jaiswal, Age-34 years, Occu-Business, Both are R/o. Ner, Tq. And Dist. Dhule APPLICANTS VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Dhule, District : Dhule RESPONDENTS Mr.R.S.Shinde, h/f. Mr.N.L.Chaudhary, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 08/12/2009 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.36/2009, registered in Taluka Police Station, Dhule for an offence punishable u/s.3 and 7 of The Essential Commodities Act and Maharashtra Schedule Commodities Order 1979. 2. Heard learned counsel appearing for the applicants followed by 2 the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out. 3. It appears that CR No.36/2009 was registered on the basis of complaint lodged by one Bhalerao Salunkhe, who is working as Nayab Tahsildar in the office of Tahsildar, Dhule. It is alleged that on receipt of secret information, on 23/09/2009, a raid was arranged in the field of Bhatu Jaiswal where during the said raid, 4 drums containing total 800 litres of kerosene was recovered. Accordingly the recovered commodity was seized in presence of panchas. After preparation of requisite memorandum panchnama, the said Bhatu Jaiswal was put under arrest. In his statements, name of the present applicants were disclosed as this kerosene was kept/stored in his field by these 2 persons and hence these two applicants have approached this Court for their release on anticipatory bail. 4. During the course of submissions across the bar, it is urged across the bar that in view of the statement made by the said Bhatu Jaiswal, who is also released on bail, the concerned Officers checked and examined the record maintained in the shop of these applicants and they are holding requisite license to deal in the kerosene business and satisfied that there is foul played about stock/quota provided to these license holder applicants and to connect the commodity seized from the field of Bhatu Jaiswal and hence they be released on anticipatory bail in the event of their arrest. 5. The application is opposed by the learned APP appearing for State 3 on the ground that during the course of investigation, statement of eye witnesses were recorded, who have witnessed that these applicants have carried 4 drums containing 200 litres kerosene each in a tractor and stored in the field of Bhatu Jaiswal which is a barren land, and if it is so, according to her application is liable to be rejected. 6. Considering these submissions across the bar and the age of applicant no.1 and 2, it is to be considered that whether the so called statement of the eye witnesses to be believed as an old person aging about 60 years with the help of another person of age 35 years, can lift the drum containing 200 liters kerosene from the tractor. At this juncture, this statement of the eye witnesses can not be believed as a gospel truth. The case is made out to use the discretion u/s. 438 of The Cr.P.C. Hence order : O R D E R 1. Application is allowed. 2. In case of arrest of these applicants in connection with CR No. 36/2009, they be released on bail, on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. After released on bail, the applicants to co-operate the investigation agency by attending the office of Taluka Police Station, Dhule, whenever called for interrogation by the Investigation Officer. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri-appl-4129-09