( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4139 OF 2010 Vilas s/o Shravan Chaudhari, R/o Raver, Tq. Raver, District Jalgaon. APPLICANT VERSUS 1. The State of Maharashtra 2. The Police Inspector, Raver Police Station, Raver, District Jalgaon. RESPONDENTS .... Mr. R.S. Deshmukh, advocate with Mr. D.B. Thoke, advocate, for the applicant. Mr. B.J. Sonawane, APP for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 7th December, 2010] PER COURT : 1. The application is for anticipatory bail. 2. Heard learned advocate for the applicant and learned A.P.P. 3. Perusal of the investigation papers prima facie show ( 2 ) that on 28th September, 2010, two (2) police constables were proceeding for morning walk. They came across an auto- rickshaw carrier. They noticed that the auto-rickshaw carrier which passed from near them, gave smell of kerosene and there was a barrel in the backside portion of the auto-rickshaw carrier. They stopped the auto-rickshaw by calling the driver. It was around 6.30 a.m. On inquiry, the driver informed them that he was transporting the kerosene of the applicant and it was filled up from a kerosene depot of R.G. Lohar, the wholesale dealer and that was to be reached to a khadi centre of Mahendra Patil. The police seized six (6) kerosene barrels which contained 200 ltrs. of blue coloured kerosene in each of them. 4. Having heard learned advocate for the applicant and learned APP and on perusal of the investigation papers, it prima facie appears that the applicant had lifted quota of kerosene to the extent of 2400 ltrs. The Tahsildar reported that the kerosene was distributed amongst the villagers at village Khirwad. It appears that except the statement of the driver of the auto-rickshaw carrier, there is hardly any material to corroborate the allegation that the kerosene of 1200 ltrs. was that of the applicant. There is no tangible ( 3 ) evidence to show that kerosene was being transported for illicit purpose of selling the same in black market. The Tahsildar conducted inquiry about the distribution of the kerosene on the very same day. It was found that the kerosene was sought by Nandlal Koli and Ramchandra Bari who are licensed retailers. The applicant is also a retailer. 5. The learned A.P.P. would submit that statement of the salesman of the R.G. Lohar's kerosene depot prima facie shows that the applicant had lifted 1600 ltrs. of kerosene besides 2400 ltrs. about which the receipt is produced by him. Even assuming that such a statement of the salesman is prima facie relevant in order to gather the fact about lifting of the entire quota by the applicant, then also, it is difficult to know a to why his arrest is required. It is pertinent to notice that the Mini-door Auto-rickshaw vehicle was in transit and, therefore, the case, at the most, could be that of preparation to commit the offence of selling the kerosene in black market. It is argued by then learned A.P.P. that presence of the applicant with the police is required for verification of the information regarding lifting of quota of 1600 ltrs. kerosene and the particulars regarding the same. ( 4 ) 6. For the purpose of verification of such information, the applicant may be put to conditions and that their arrest is not the only way to secure the information. The Apex Court has observed that the arrest of a person should be the last resort for the police. 7. In the result, the application is allowed in terms of the order dated 18th October, 2010, with further condition that the applicant shall produce the relevant documents as may be called by the Investigating Officer and shall actively cooperate with the Investigating Officer during the course of investigation. The anticipatory bail order will come to an end on filing of the chargesheet/final report. [V.R. KINGAONKAR] JUDGE NPJ/criapln4139-2010