( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3783 OF 2010 Pratap s/o Annasaheb Shete, R/o Valadgaon, Tq. Shrirampur, District Ahmednagar APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. R.N. Dhorde, advocate holding for Mr. V.R. Dhorde, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondents. .... WITH CRIMINAL APPLICATION NO. 3734 OF 2010 Ratan Bhausaheb Malik, R/o At Gondegaon, Taluka Shrirampur, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. A.B. Kale, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 23rd November, 2010] PER COURT : 1. These are applications for anticipatory bail. ( 2 ) 2. Heard learned advocates for the applicants and learned A.P.P. 3. The applicants apprehend their arrest in connection with the crime registered vide No. I-272/2010, registered at Shrirampur Police Station for various offences under provisions of the I.P. Code and the Food Adulteration Act. 4. It is alleged that the applicants were indulging in business of adulteration of milk at the chilling plants run by them. 5. So far as applicant Pratap Shete is concerned, it emerges from the record that he is an employee of M/s Laxmimata Milk and Products. Copy of the panchanama dated 09-09-2010 reveals that no objectionable material was found in the premises of M/s Laxmimata Milk and Products, during the course of search. It is suspected that he might have disposed of the powder required for adulteration and the chemicals, etc. Thus, there is no direct or reliable evidence to implicate the applicant - Pratap, in the commission of alleged offence. So far as applicant Ratan Malik is concerned, it prima facie appears from the investigation papers that he runs ( 3 ) a milk chilling plant styled as "Akshay Chilling Plant". The panchanama drawn on 07-09-2010 purports to show that one polythene bag was recovered from a place behind the premises of the chilling plant. The recovery was effected from agricultural land and from amidst crop of maize. It appears that costic soda and articles were recovered from the crop behind the premises of the chilling plant of applicant Ratan. It is his allegation that some of the rival traders or villagers had planted such articles in the agricultural land which is not owned by him and is not within the premises of the chilling plant. 6. There appears no reliable material to invoke complicity and involvement of the applicants in the alleged commission of the offence of preparing spurious milk by using costic soda and other ingredients required for adulteration of the milk. Consequently, their applications are allowed. They are directed to be released on bail, in the event of their arrest, on furnishing of bail bonds in sum of Rs. 15,000/- (rupees fifteen thousand) each, before the Arresting Officer, and on condition that they shall attend the concerned Police Station on each Saturday and Tuesday between 10 a.m. and 2 p.m. and shall cooperate with the police during the course of ( 4 ) investigation. They shall produce the documents as may be called by the police. The applicants shall attend the Police Station w.e.f. 27th instant onwards for four (4) weeks as per above schedule. 7. The observations made in this order may not be considered in any other matter. [V.R. KINGAONKAR] JUDGE NPJ/criapln3783-3734-10