1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3608 OF 2009 1. Balam S/o.Subhash Kamble, Age-30 years, Occu-Agril. R/o.Bavi, Tq.Bhoom, Dist. Osmanabad 2. Prayagbai W/o. Madhav Pimple, Age-50 years, Occu-Household and Labour, R/o. As above. APPLICANTS VERSUS The State of Maharashtra, Through Police Station, Bhoom, Dist.Osmanabad, RESPONDENT Mr.M.A.Kulkarni, learned counsel for the applicants. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 13/11/2009 PER COURT : 1. By the present application, these applicants have approached this Court for their release on bail in connection with CR No.14 of 2009 registered in Bhoom Police Station of District Osmanabad for the contravention of provisions u/s. 3,4,5 and 8 of Fertilizers Control Act, 1985 and u/s. 3,7 of Essential Commodities Act. 2 2. Heard learned counsel Mrs.Kulkarni appearing for the applicants followed by learned APP Shri.Shaikh appearing for the State. Before considering the submissions across the bar, the facts in nutshell gave rise to file this petition requires consideration. On the basis of secret information received by the P.S.O. Bhoom, the premises of one Subhash Kamble was raided, resulted in the recovery of 69 bags of fertilizers of Zuari Industrial Company weighing 50 kg each and 7 bags of the same company of the fertilizer of category 10:26:26. According to the complainant, as these fertilizers were stocked without any authorized permission, after the raid, the said Subhash Kamble was arrested and during the interrogation, names of these applicants revealed, but as these applicants are apprehending their arrest in connection with this offence approached this Court for anticipatory bail. 3. The application was opposed by respondent State on the ground that the license of the premises where the fertilizers were found stored stood in the name of applicant no.1 Balam Kamble. The copy of the license was placed on record to show that the licensed premises stood in the name of first applicant. On clear reading of the panchnama from where the stored fertilizers were found recovered do not disclose that these fertilizers were found stored at house no.31, Sohan Krushi Seva Kendra of which the license stood in the name of first applicant of which the second applicant is the owner. From the papers placed in my hand, no nexus established between the premises where the fertilizers were found stored and the license of 3 the premises stood in the name of first applicant. In the premise, case is made out to allow the anticipatory bail application, hence the application deserves following order : O R D E R 1. In case of arrest of these applicants in connection with CR No. 14/2009, registered in Bhoom Police Station, they be released on bail on furnishing surety in the sum of Rs.5,000/- and on executing the PR bond in the like amount. 2. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3608-09