IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1999/2009 (Motilal Ramvilas Phopliya .vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 9 th JUNE, 2009 Heard Shri A.B.Mirza, Advocate, for the applicant and Shri Mandpe, APP, for respondent State. Interim order was passed by this Court on 19th May, 2009. It appears that, according to the prosecution, the wheat which was found in the Ginning Factory of the applicant was of Fair Price Shop i.e of the Rationing Department. According to the learned APP, the said wheat was belong to one Jitendra Agrawal who had made the statement that the same was purchased from Sangrampur, which during the investigation was found to be false statement. At any rate, it appears that the investigation as regards this application is over as it is presumed that the said wheat was belonging to the said Jitendra Agrawal. Apart from the fact that the proceedings under Section 6A of the Essential Commodities Act has not been started. It appears that there is doubt as to whether this wheat belongs to Fair Price Shop and none else. In these circumstances, interim order needs to be confirmed. In the event of arrest, the applicant for the offence punishable under Sections 3 & 7 of the Essential Commodities Act, in Crime No. 3010/2009 of Police Station Hiwarkhed, Distt. Akola, he be released on bail on furnishing surety and P.R.Bond of Rs.25,000/- subject to conditions that he shall report the Police Station Hiwarkhed as and when directed by the I.O for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Liberty to move for cancellation of bail if the applicant does not cooperate with the investigation. Application disposed of. JUDGE Rvjalit