IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 145 OF 2009 CRIMINAL APPLICATION NO. 145 OF 2009 CRIMINAL APPLICATION NO. 145 OF 2009 Abdul Hamid Mohd.Ashraf ...Applicant vs. The State of Maharashtra & Anr. ...Respondents Mr.Amin Solkar for the Applicant. Mr.D.A. Nalawade for Union of India. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 12, 2009 DATED : FEBRUARY 12, 2009 DATED : FEBRUARY 12, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and Counsel for Union of India. 2. The applicant was arrested in connection with an offence punishable under Section 336 of the IPC and under Section 3 & 7 of the Essential Commodities Act. The charge-sheet already has been filed. The continued detention of the applicant is not necessary. 3. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station as and when called. - 2 - 4. Shri Solkar, learned Counsel for the applicant, however, submitted that the offences punishable under the Essential Commodities Act are bailable offence and the applicant ought to have been released on bail after his arrest, however, he had to remain in custody for about two months. In support of the said submission, he relied on the judgment of the Andhra Pradesh High Court reported in 2000-ALT-3-567 in the case of Thatikonda 2000-ALT-3-567 in the case of Thatikonda 2000-ALT-3-567 in the case of Thatikonda Venkateshwarlu vs. Inspector of Police, Vigilance Cell, Venkateshwarlu vs. Inspector of Police, Vigilance Cell, Venkateshwarlu vs. Inspector of Police, Vigilance Cell, Civil Supplies Department, Civil Supplies Department, Civil Supplies Department, wherein the learned Single Judge of Andhra Pradesh High Court has held that offences under the Essential Commodities Act are bailable and triable by Magistrate since the Amendment Act 18 of 1981 has lapsed and is neither in existence nor operative. 5. The learned Government Pleader, Shri Nalawade submits that he would like to take instructions on this aspect. 6. S.O. to 20th February, 2009. Interim order granting bail to the applicant be acted upon on an - 3 - authenticated copy of this order. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)