( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4937 OF 2010 Shivaji @ Balu Babanrao Shinde APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. R.N. Dhorde, advocate holding for Mr. S.B. Jadhav, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd December, 2010] PER COURT : 1. This is an application filed under section 438 of the Criminal Procedure Code. 2. The applicant apprehends arrest in connection with crime No. 133/2010, registered at Ashti Police Station for the offences punishable under section 328 of the I.P. Code as well as under the provisions of the Food Adulteration Act. 3. Heard learned advocate for the applicant. 4. The FIR prima facie shows that on 19th October, 2010, ( 2 ) the police received secret information to the effect that at the Milk Dairy of the applicant, he alongwith his brother and other accomplices were engaged in preparing spurious milk. The premises of the Dairy were, therefore, raided on 19th October, 2010. At the spot, two (2) persons i.e. Umesh Shinde, who is brother of the applicant and Haribhau Naole were caught whereas two (2) others fled away. The police recovered while coloured powder of Urea fertilizer, a plastic canister containing edible oil and other articles including milk powder, etc. It was prima facie apparent that the Urea fertilizer and the edible oil was being used for preparation of spurious milk. 5. The learned advocate for the applicant submits that the applicant is unconcerned with the Milk Dairy and is likely to be arrested without substantial reason. I find it difficult to countenance the argument. The name of the applicant is clearly revealed from the FIR as the proprietor of the Milk Dairy. The applicant has not filed any record to show that the Milk Dairy is being run by anybody else. His brother was found at the place where the murky business of preparing the spurious milk by adding adultrants was found going on. IN this view of the matter, it cannot be said that ( 3 ) the applicant is likely to be humiliated due to the arrest. The application is, therefore, dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln4937-10