Anil Dnyandeo Pandhare v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1372 OF 2022 Anil Dnyandeo Pandhare ..

Applicant

Versus

State of Maharashtra ..

Respondent ...

Mr. Rahul S. Kate a/w. Digvijay S. Patil for the applicant. Mr.A.R. Patil APP for the respondent State.

CORAM: BHARATI DANGRE, J.

DATED : 24th MAY, 2022 (Vacation Court) P.C:- 1.

The applicant is apprehending his arrest in connection with C.R. No.132 of 2022 registered with Velapur Police Station and the said C.R. invoke sections 25(1), 25(2), 25(3) of the Fertilisers (Control) Order 1985 and sections 3(2) and 7 of Essential Commodities Act, 1985 and section 420 of IPC. 2.

The applicant apprehended arrest in the said C.R., which came to be registered on complaint filed by one Nitin Chavan, the Fertilizers Inspector. He reported that raid conducted in the premises of Eco Board Industries, Velapur, where 154 bags of Urea were discovered. An offence came to be registered against the said Company including his Managing Director and Board of Director.

A.A. Mudaliyar

2/2 21 ABA 1372-22.doc Perusal of the F.I.R., would reveal that the bags contained Urea and on investigation that the Managing Director of the Eco Board Industries, the name of the applicant has surfaced as one of the distributor.

3.

The learned counsel for the applicant submit that the applicant is a Agriculture Officer, working in Gangwal Agrotech Company, which is engaged in the activity of supplying bagasse as representative of Gangwal Agrotech Company. When specifically asked whether he possess any licence to deal with said essential commodities, the response is in the negative but the submissions is that the applicant is unaware of the use of Urea by the said Company and he has no concerned of Eco Board Company.

4.

This accusation faced by the applicant require thorough investigation as it will have to happen the ascertain as to who are other persons to whom the essential commodity, is being sold and by which company/individual, there is hoarding of urea. 5.

The application seeking protection from arrest, therefore, cannot be entertained and is dismissed.

( SMT. BHARATI DANGRE, J.) A.A. Mudaliyar