1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 321 of 2010 Jinesh Lalit Jain ... Applicant versus The State of Maharashtra ... Respondent ... Mr.V.V.Purwant for the applicant. Mrs.A.A. Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd February 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R. No. 3163 of 2009 registered at Panvel City Police Station coming under Navi Mumbai District, for an alleged offence punishable u/s.3, 7, 8 of the Essential Commodities Act r/w section 286 of the IPC. 3. The prosecution case is that on the basis of information received by a letter, the police carried out raid on the premises near Mahadev Saw Mill at Panvel. They found that the truck bearing No. MSS 2926 from which LPG Gas cylinders were being unloaded and being stores in 2 the premises. The persons unloading the truck were taken in custody and interrogated whereupon whereupon they disclosed that the cylinders belonged to Doshi Agency and were being unloaded in the premises of Lalit Agency belonging to the present applicant. The gravamen of the offence is that the applicant was storing the cylinders at his premises without possessing an appropriate licence for storage of the L.P.G cylinders. There is no material on record to show that the premises where the L.P.G cylinders were being stored either belongs to or is in possession of the applicant. Only on the basis of the statement of the two persons who were unloading the truck, it is sought to be deduced that the applicant was storing the cylinders in the premises belonging to or possessed by him. Though more than 1 ½ months have passed, police have not been able to get any material to show that the premises where the L.P.G cylinders were being stored belongs to or was in possession of the applicant. In the circumstances, in my view, applicant can be granted pre-arrest bail. Hence, I pass the following order:- O R D E R In the event applicant is arrested in connection with C.R.No. 3163 of 2009 of Panvel City Police station, applicant shall be released on bail on his executing P.R bond of Rs.10,000/- with two sureties of the like amount. This order shall remain in force for two months whereafter the applicant may, if he so desires, apply for regular bail before the appropriate court. (D.G. KARNIK,J.)