..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2373 OF 2008 1. Mr.Rakesh Sarin, 2. Mr.Pradeep Mallick, & 3. Mr.V.Ramchandran. ..Applicants. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.Abaad H. Ponda, Adv. for the applicants Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 27th August, 2008. DATED : 27th August, 2008. DATED : 27th August, 2008. P.C.: 1. Heard the learned Advocate for the Applicants and the learned APP for the State. 2. The applicants are seeking anticipatory bail in FIR No.II-23 of 2006 of APMC Police Station, Vashi, Navi Mumbai. The said case is under Sections 3, 7, 8 & 10 of the Essential Commodities Act and under Sections 14(1)(a)(b) and 2 of Maharashtra Solvent Raffinate and Slop (Acquisition, Storage, Sale and Prevention of Use in Automobiles) Licensing Order, 2000. ..(2).. 3. The applicants were the Directors of a company. It is the prosecution case that the company imported furnace oil from the year 2000 to 2003 weighing 1,12,087.205 metric ton. The said furnace oil was imported without licence and it was stored by the company and thereafter the furnace oil was sold. 4. The learned Advocate for the applicants submitted that the provision for licence for importing, storing and conducting the business in furnace oil came into effect only on 1.1.2002 and hence there was no question of applying for any licence prior to that date. The notification relating to necessity of licence was published in August, 2001 and it was to come into effect on 1.1.2002. The learned Advocate for the applicants stated after the notification applications for licence was made on 31.8.2001 and 29.11.2001 and the licence fees had also been paid. It is submitted that the business came to be closed on 20th February, 2002. The learned Advocate for the applicants has placed reliance on the decision in ..(3).. the case of Murarilal Jhunjhunwala vs. State of Murarilal Jhunjhunwala vs. State of Murarilal Jhunjhunwala vs. State of Bihar and others Bihar and others Bihar and others reported in 1991 Supp (2) Supreme 1991 Supp (2) Supreme 1991 Supp (2) Supreme Court Cases 647 Court Cases 647 Court Cases 647. Reliance was placed on paras-3 to 5 of the said judgment. I have perused the said judgment. The appellant before the Hon’ble Supreme Court was prosecuted for contravention of Section 7 of Essential Commodities Act i.e. for carrying on his business without licence. He had approached the High Court which dismissed his plea. He then approached the Supreme Court. On perusal of the judgment of Hon’ble Supreme Court it reveals that the appellant had applied to the Licensing authority for the grant of new licence. Initially, he had licence for carrying on his business upto 1983 and he applied every year for the licence to run his business alongwith the payment of licence fee. The licensing authority also went on accepting the applications and the licence fee but, the licensing authority neither rejected his claim nor pointed out any defects in his applications. The appellant believing that he had not done any illegality he kept on filing applications every year for getting the licence and kept running his business. ..(4).. 5. In my opinion, the facts in the said case and the matter at hand are quite different. In the present case it is admitted that from 1.1.2002 to 20.2.2002 the furnace oil was stored and business was carried out in furnace oil. It is an admitted fact that no licence was issued in respect of importing, storing or doing business in the furnace oil during that period. 6. In the present case, admittedly no licence had ever been issued and the applicants clearly were conducting the business in respect of the furnace oil after 1.1.2002 without licence. Thus, prima facie offence is made out against the applicants. The applicants could not show that they had any licence prior to filing of the application for licence on 31.8.2001 and 29.11.2001. It is clear that they had filed application for licence only on 31.8.2001 and 29.11.2001 and then went on doing business without any licence. There is no specific deeming provision in law that if the application for licence is not decided within the period of 45 ..(5).. days, then the licence is deemed to have been granted. The matter before the Hon’ble Supreme Court was different. There licence was already granted, thereafter the appellant had filed applications for licence every year alongwith the licence fee every year but the authority had not taken any decision. In such case, the Hon’ble Supreme Court heavily come down on the lethargic attitude of the Licensing authority and put the blame on the authority. In the present case, the applicants stored furnace oil and conducted business in the oil without ever having had the requisite licence. In my opinion, preferring an application for licence even with licence fee, cannot entitle a person to do any act without the requisite licence. 7. The learned Advocate for the applicants thereafter submitted that the FIR is registered in the year 2006 and today the custody of the applicants would not be necessary. However, in my view, the FIR and the other material collected by the prosecution in the present case is such as to point out an accusing finger towards the present ..(6).. applicants. The Apex Court has observed in the decision of Directorate of Enforcement Vs. Directorate of Enforcement Vs. Directorate of Enforcement Vs. P.V.Prabhakar Rao, P.V.Prabhakar Rao, P.V.Prabhakar Rao, reported in 1997 SCC (Cri.) 978 1997 SCC (Cri.) 978 1997 SCC (Cri.) 978 that when the material gathered by the prosecution is such as to point out an accusing finger towards the accused, it is not a fit case to grant anticipatory bail. Hence I do not think that this is a fit case to grant anticipatory bail. Application for anticipatory bail is rejected. 8. On the request of the learned Advocate for the applicants, the applicants are granted time to surrender upto 30th August, 2008. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)