AB 2175/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY This is an application under section 438 of the CrPC in Dhemaji P S Case No.217/ 2011 registered under section 7 of the Essential Commodities Act. The petitioner is the Secretary of the M/s. Dhemaji Samabay Samittee Ltd. and th e allegation is misappropriation of 774.50 quintals of PDS Atta which were issue d to the Samabay Samittee for disbursal to beneficiaries through the agents. I have perused the materials in the case diary and also the inquiry report dated 3.6.2011 of the EAC, Dhemaji. It further appears that all the documents such as the Receipt and Issue Registers were not examined by the Inquiry Officer and th e petitioner avers that a larger quantity of Atta i.e. 1122.5 quintals was recei ved for the concerned period and this entire quantity was disbursed by the Samab ay Samittee and there is no misappropriation of Atta, as has been alleged. Considering the limited nature of the inquiry held, I am inclined to allow this pre-arrest bail application. Accordingly the interim order dated 25.7.2011 is ma de the final order of the case. However the petitioner will render all cooperation for the investigation and wil l produce all documents in his possession in support of the averments made in Pa ragraph 12 of this bail petition. The bail case stands disposed of accordingly.