( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3851 OF 2010 Vinod Gowardhandas Agrawal APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. R.N. Dhorde, advocate holding for Mr. S.B. Jadhav, advocate for the applicant. Mr. N.B. Khandare, Public Prosecutor for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th October, 2010] PER COURT : 1. This is an application under section 438 of the Criminal Procedure Code. 2. Heard learned advocate for the applicant and learned Public Prosecutor for the State. Perused the investigation papers which were made available temporarily during the course of hearing. 3. It appears from the recitals of the FIR that at Yenegur Toll Naka, excessive amounts were being collected from ( 2 ) the drivers of the vehicles and particularly from the drivers who are from the other States. The excessive amounts were being collected by issuing fabricated receipts/tickets to the drivers of the vehicles. The Collector issued directions to verify the information and, therefore, a punter vehicle was deputed as coy vehicle bearing truck No. GJ-15-/Z-1837, for the purpose of such verification. It was found during the course of raid that at the booth of the Toll Naka, amount of Rs. 200/- was demanded from the driver. The driver said that when the amount prescribed was only of Rs. 20/-, why more demand was made, he was threatened by the persons present at the Toll Naka and thereafter, amount of Rs. 200/- was obtained from him by issuing a fabricated receipt. The police recovered certain amounts and the receipt-books containing unauthorized receipts. Thus, it was found that more than prescribed amounts were being recovered at the Toll Naka and by issuing fabricated receipts. Therefore, FIR was lodged by the A.P.I. The FIR purports to show that during the enquiry, name of the applicant was revealed as the person who was managing the entire affairs of the Toll Naka. 4. The contention of the applicant is that he is totally unconcerned with Yenegur Toll Naka. He submits that ( 3 ) he is a contractor for operating the Toll Nakas at Adilabad, Dharni and Shevte. He would submit that though he is not concerned with the contractor of the Yenegur Toll Naka i.e. M/s K.G. Agro Processing, yet, he is being implicated without any foundation of material. Consequently, it is submitted that the applicant is likely to be falsely arrested and humiliated if the protection is not given to him under section 438 of the Criminal Procedure Code. 5. At this juncture, vertical examination of the investigation papers is uncalled for. It has to be examined horizontally for the purpose locating presence of material which may be indicative of involvement of the applicant in the alleged crime. It prima facie appears that a racket was being run to dodge the prescribed rules for collection of the amounts at the Toll Naka and duplicate receipts were being issued in order to drive extra benefits. The revelations after the raid are clearly indicative of the murky business which was being conducted at Yenegur Toll Naka. So far as the involvement of the applicant is concerned, the learned advocate for the applicant would submit that several documents have been filed by the applicant, including tax audit report which was concerned with M/s K.G. Agro Processing as a ( 4 ) partner. It appears that he had transactions with the said Agency to the extent of obtaining the loans as stated in the Income Tax Returns. The investigation papers prima facie shows that the inhabitants of village Yenegur, namely, Dinesh Madhe, Babasaheb Gaikwad etc., noticed presence of the applicant at the Toll Naka. They stated before the police that the applicant was managing the affairs of the Toll Naka. There is also statement of Kashinath Mandke, who is operator of M/s Sneha Offset, Latur. His statement shows that the printing of receipts for Yenegur Toll Naka had been done at M/s Sneha Offset. His statement categorically shows, prima facie, that the applicant used to inquire about the work of printing of the receipt-books. There is thus prima facie evidence to show that the applicant was dealing in the business of the Toll Naka, may be as a defacto operator of the Agency. What appears prima facie is that the profit amounts derived from the Toll Naka used to be shown as loans borrowed by the applicant while filing the Income Tax Returns, though such amounts, in fact, probably could be said to be his share in the booty. Under these circumstances, it is difficult to say that the applicant is totally unconcerned with the business of Yenegur Toll Naka. In any case, the material on record does not subscribe to the averments in the application regarding ( 5 ) total innocence of the applicant. Considering the nature of murky business operated at the Yenegur Toll Naka and prima face involvement of the applicant in such dealings, his presence with the police may be necessary for the purpose of collecting necessary evidence and in order to unearth the modus operandi of the business. One cannot be oblivious of the fact that admittedly, the applicant is running three (3) other Toll Nakas and could be probably considered as the expert who knows how the business could be run and what are the ways to derive extra benefits out of such business. 6. Considering the foregoing reasons, the application is dismissed. Ad-interim relief, if any, stands vacated. [V.R. KINGAONKAR] JUDGE NPJ/criapln3851-10