Niranjan Bansiddha Khyade v. State Of Maharashtra

13 aba 2294-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2294 OF 2022 Niranjan Bansiddha Khyade ..Applicant v/s.

The State of Maharashtra .

..Respondents Ms. Vilasini B. i/b. Jaydeep Mane for the Applicant. Mr. S.H.Yadav, APP for the State.

CORAM : ANUJA PRABHUDESSAI , J.

DATED : 18th AUGUST, 2023.

P.C.

1.

The applicant apprehends arrest in C.R.No.189 of 2022 registered with Mandrup Police Station, Solapur Rural, for offences under Section 420 of the Indian Penal Code, and Section 3(2)(d) and 7 of the Essential Commodities Act, 1955, and Section 8, 19 and 21 of the Fertilizer Order of 1985.

2.

The aforesaid crime was registered pursuant to the FIR dated 27.07.20233, lodged by Dhananjay Dinkar Patil, the District Controlling Officer of Fertilizer, Solapur. The records prima facie indicate that the vehicle which was carrying 150 bags of fertilizer belonging to Jaikishan Biotech Pvt. Ltd., with labels of "JAIKISHAN BIOTECH PVT. LTD. AT POST MANDRUP" was intercepted. It is alleged that the driver had stated that the said fertilizer was procured from Sachin Biotech SALGAONKAR

13 aba 2294-22.doc MIDC, Chincholi, Solapur. The complainant has stated that the value of the said fertilizer was Rs.2,40,000/-.

3.

The records prima facie reveal that the applicant is the proprietor of Jaikishan Biotech Pvt. Ltd. and he has license for manufacturing fertilizer and permission of import and export. He has paid challan to the Government for sales permission and also has got GST registration in the name of 'Jaikishan Biotech Pvt. Ltd.'

4.

Considering the above facts and circumstances, this Court, by order dated 25.08.2022, granted interim bail to the applicant. Learned APP states that pursuant to the said order, the applicant reported to the Investigating Officer. He has been interrogated and his presence is not required for custodial interrogation. It is further stated that the investigation is completed and the chargesheet will be filed on receipt of sanction order.

5.

In view of the above statement, and considering the reasons stated in the order dated 25.08.2022, interim bail stands confirmed. .

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) Signed by: P.P.Salgoankar Designation: PS To Honourable Judge Date: 18/08/2023 18:34:59 SALGAONKAR