1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2895 OF 2010 Imran Abdul Gani Sayani Age-24 years, Occu-Business, R/o.Warudbase, Jintur, Dist. Parbhani APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.2908 OF 2010 Sk.Issa S/o.Sk.Baba Qureshi, Age-35 years, Occu-Business & Agril. R/o.Qureshi Mohalla, Mantha, Tq.Mantha, Dist. Jalna APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Swapnil Rathi, learned counsel for applicant in first application. Mr.Abdul Aziz, learned counsel for applicant in second application. Mr.S.G.Nandedkar, learned APP for State in both applications. CORAM : A.V.POTDAR, J. DATE : 10/08/2010 PER COURT : 1. By the present applications, the applicants have prayed this 2 Court for their release on bail in the event of their arrest in connection with CR No.3028/2010, registered in Sailu Police Station, of Dist. Parbhani. 2. Heard respective learned counsels for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. On 27/07/2010, interim protection was granted to both these applicants. 4. It is to be noted that the applicant in the first application is R/o.Jintur, Dist. Parbhani and claimed to be the businessman, and he has undergone with orthopedic surgery in the month of May 2010, and since then is bedridden. Applicant in the second application is claimed to be the transporter and he is R/o. Tal.Mantha, Dist. Jalna. 5. Admittedly, the present complaint is lodged by the Tahsildar, Sailu, who is also District Supply Officer, on the basis of which said CR came to be registered. On the secret information received by him, premises of one Somani was raided in the early hours of 07/07/2010. At the time of raid in the said premises, certain quantity of rice 50 kg, 145 gunny bags of wheat, 27 gunny bags of 100 kg. Each, 4 gunny bags of 50 kg. each, and other packaging instruments like empty gunny bags, rope was also recovered from the godown of Somani. One person by name Bhanudas Pundlik alongwith truck was found present at the spot, whose statement is appeared to be 3 recorded during the investigation as well as he was inquired by the complainant. At that time, it was informed that these food grains were stored in the godown of Somani at the instance of these applicants. 6. According to the applicants in both these applications, they have nothing to do with the stock stored in the godown of Somani as the said food grains were collected from Tal.Mantha and were stored in the godown at Deulgaon, Tal.Sailu. On specific query of the Court, whether during the investigation, the driver of the truck was interrogated on the point from where these food gains were collected. The documents are silent on this aspect. If the owner of the goods R/o. Tal.Mantha from where the food grains were collected, is not available neither that person has made any statement that the goods were collected by the truck driver from his possession, then merely because of the straight statement of the driver, these persons can not be held responsible for the stock recovered from the godown of Somani. 7. During the course of submissions across the bar, it is tried to urge by relying on the ratio given in the case of Shivaji Dashrath Konduskar and another versus State of Maharashtra and others, reported in 2001(1) Bombay Cri.Cases 584, wherein it is observed that if the complaint is silent about the particular violation of the order under Essential Commodities Act, there can not be any offence under The Essential Commodities Act. At this juncture, this Court 4 need not enter into the controversy whether the contents of the FIR are sufficient to hold that there is an offence under the Essential Commodities Act, but the material which is collected, do not establish at least at this stage about the connection of these applicants with the food grains found stored in the godown of Somani. Thus, the applicants have made out a case to enlarge them on anticipatory bail, hence order. O R D E R 1. Both the applications are allowed. 2. Interim protection granted on 27/07/2010 is hereby confirmed and extended till filing of the charge sheet. 3. Applicants to co-operate the investigation agency. 4. Applications stand disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2895-10