Suraj S/O Arunrao Wankhade v. State Of Maharashtra, Through Pso Ps Wadki

1 aba389.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.389 OF 2018 (Suraj s/o Arunrao Wankhade ..vs.. State of Maharashtra, through PSO, PS Wadki) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Counsel for the applicant, Shri C.A. Lokhande, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 03-07-2018 The applicant is apprehending arrest in Crime 161/2018 registered at Police Station Wadki for offence punishable under Sections 7,8,9,10,11,12 and 13 of the Seeds Rules, 1968 under Seeds Act, 1966, Section 7 of the Seeds Act, 1966, Section 2(8) and 12 of the Cotton Seeds Regulation Act, 2009, Rules 3, 9(c) and 10(ch) of the Cotton Seeds Rules, 2010, Sections 3, 7, 8, 9 and 10 of E.C. Act, 1955.

2.

One Pramod Dahule was apprehended since he was found in unauthorized possession of prohibited seeds (BG 3). The case of the prosecution is that during interrogation Pramod Dahule disclosed that he purchased the seeds from the applicant and his brother. 3.

Both Pramod and the brother of the applicant were arrested and have been released on bail. It is not in dispute that the applicant and his brother are engaged in

2 aba389.18 business of sale of agro products under the name and style Suraj Agro Agencies. The business premises and godown of the applicant were raided by the investigating agency. However, nothing incriminating was found. It does not appear that the custodial interrogation of the applicant is necessary, particularly since his brother who is a business partner is already interrogated in custody. 4.

The application is allowed.

5.

In the event of arrest in Crime 161/2018 registered at Police Station Wadki, the applicant shall be released on bail on executing personal bond of Rs.15,000/- along with one solvent surety of the like amount.

6.

The applicant shall attend the Police Station Wadki as and when called to do so by the Investigating Officer.

7.

The applicant shall not tamper with the evidence nor shall attempt to influence the witnesses in any manner.

JUDGE adgokar