1 Cri.Appln. 2261 of 2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2261 OF 2011 (Sanjay Kalyanrao Gurav V. The State of Maharashtra & Anr ) Nr.S.V. Chapalgaonkar, Advocate for applicant Mr. D.V. Tele, APP for State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : T.V. NALWADE VACATION JUDGE. DATED : 3rd June, 2011. PER COURT : 1. This is an application U/Sec. 438 of Criminal Procedure Code, in respect of Crime No. 3021 of 2011 registered in Peth Beed Police Station, Dist. Beed for offence under Sections 3 and 7 of the Essential Commodities Act. Notice was not given to learned APP, but he is present. The learned Advocate for applicant argued for ad-interim anticipatory bail. 2 Cri.Appln. 2261 of 2011 2. Copy of FIR and copy of the order passed by Sessions Court are produced on record. The record shows that on the basis of secret information received by Police, Police went to the premises of Kankaleshwar temple. There was information that blue kerosene, meant for sale in fair price shop, was illegally stored there. When police went to the spot the applicant was present, and key of the said room was in the custody of the applicant. By using the key the lock of the room was opened and 210 liters of blue kerosene was recovered. The applicant ran away from the spot. 3. It is the case of the applicant that he is not the owner of the premises and, the allegation is not sufficient to make out prima facie case of possession of illegal kerosene with the applicant. Sessions Court has rejected the application by holding that custodial interrogation of the applicant is necessary and the source from where kerosene was procured needs to be ascertained. 4. These days essential commodities 3 Cri.Appln. 2261 of 2011 which are meant for public distribution through fair price shop are being sold in black market. The Government spends huge amount on subsidy and also public distribution, therefore, such cases cannot be taken lightly. It needs to be investigated as to how and from where the applicant had procured the kerosene. There is no reasons to disbelieve the Police Officer at this stage, and there is prima facie case of possession of aforesaid blue kerosene against the present applicant. 5. In the result, the Criminal application is rejected. ( T.V. NALWADE ) VACATION JUDGE. SDM*