Gautam Das @ Gautam Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33785 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Gautam Das @ Gautam Sarkar Son of Shri Gopal Chandra Sarkar Resident of Belouri, P.O - Belouri, East Purnea Distt. Purnea (Bihar) - 854326 Partner of M/s Amrita Industries, Belouri P.S. - Sadar (Mufashil), Distt. - Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aamir Hayat For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act and section 7/7(1)(a)(ii) of the Fertilizer Control Order, 1985.

3. As per the prosecution case, on secret information a raid was conducted in the industrial premises of this petitioner and 106 bags of Urea were recovered which was illegally stored for black-marketing.

4. It is submitted that petitioner is one of the partner of the partnership firm M/s Amrita Industries in which there are total four partners. The said industries is engaged in the business

Patna High Court CR. MISC. No.33785 of 2023(2) dt.25-07-2023 2/2 of manufacturing and selling plywood and has got a valid license under the Factories Act. As a matter of fact, on the alleged date and time of occurrence, a tractor loaded with fertilizers broke down just in front of the said industry. The driver and the farmer of the said tractor, unloaded the Urea and kept it on road flank in front of gate of the said industry and took their tractor for repairing. Petitioner claims clean antecedent.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge III, Purnea/concerned court in connection with Sadar Muffasil P.S. Case No. 32 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T