Criminal Misc. No.M-2224 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-2224 of 2009 (O&M) Date of Decision:27.01.2009 Mahesh Kumar .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Sarfraj Hussain, Advocate for the petitioner. **** Order HARBANS LAL, J. This petition has been moved by Mukesh Kumar under Section 438 of Cr.P.C seeking anticipatory bail in case FIR No.405 dated 1.12.2008 registered under Sections 7, 10, 55 of Essential Commodities Act at Police Station Manesar, Gurgaon. The facts in brief of the prosecution case are that the accused- petitioner was indulging in the sale of gas cylinders in black market in a vehicle bearing registration No.HR-55C-6016 being driven by Yogesh son of Mahender Singh, who was apprehended along with the vehicle carrying gas cylinders. The driver disclosed that the cylinders of LPG gas belongs to Mahesh Kumar (referring to the petitioner) and he was taking the same to IMT Manesar for sale in black marketing. Learned counsel for the petitioner has submitted that no recovery has been effected from the petitioner and that being so, no prima- facie case is made out against him. Criminal Misc. No.M-2224 of 2009 (O&M) -2- There is no gainsaying the fact that the petitioner is facing trial for the commission of similar offences. To my mind, custodial interrogation of the petitioner for eliciting the source from which he procures LPG gas cylinders, is required. Sequelly, no prima-facie case is made out for grant of anticipatory bail. Hence, this petition is dismissed. January 27, 2009 ( HARBANS LAL ) renu JUDGE