KISHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No.93 of 2020, dated 27-05-2020, registered with Hiamyatnagar Police Station District Nanded, for the offences punishable under Section 420 , 188 , 269 , 270 , 271 of the Indian penal Code and offences under punishable under Section 53 and 56 of the Disaster Management Act, 2005.

(2.) Heard learned Advocate Mr. S. B. Ghatol-Patil for the applicant and learned Additional Public Prosecutor Mr. A. M. Phule for respondent-State.

(3.) It has been vehemently submitted on behalf of the applicant that, the applicant is carrying out business and in view of tender process issued by Nagar Panchayat, Himayatnagar, he has been granted work of solid waste management within the limits of Nagar Panchayat, Himayatnagar. He is the proprietor of M/s. Pallavi Enterprises, Nanded in whose favour the work order was issued. The applicant was doing his duty promptly and the said work order came to be issued on 27-12-2019. There was competition when he had filed the tender, but when work was allotted to him, some political persons developed rivalry with him and they want that the tender granted to the applicant should be cancelled. Due to the political interference, the Chief Officer of Nagar Panchayat, Himayatnagar had issued show cause notice to the applicant on 27-04-2020 stating that, he has not added Sodium Hypochlorite in proper quantity in water while spraying it in the city which was supposed to be for the disinfection of Coronavirus. It was informed to him by letter dated 04-05-2020 that, the sample of the substance for spraying was taken and was referred to District Health Laboratory for analysis and the report has been received that, there is no residual chlorine in the sample. Thereafter, after getting a clarification from Junior Scientific Officer, the First Information Report has been lodged against him. The First Information Report is nothing but the outcome of the political rivalry and political pressure. The important aspect to be noted is that, the complaint which was made by the residence of Himayatnagar was at 11.00 a.m. on 25-04-2020. The sample is stated to have been taken on the same day and it was sent to the District Public Health Laboratory, Nanded on 27-04-2020. The analysis was conducted and the report has been given on 04-05- 2020. When the shelf life of the substance was over, it appears that, sample was analysed and the result was bound to be that, there was no substance or residue of the Sodium Hypochlorite liquid. On the basis of such faulty report, the First Information Report ought not to have been filed. As per the procedure, the liquid is daily handed over to the employee of the applicant to mix it with the water, and it is done by the employee of the Nagar Panchayat itself. Therefore, there is no question of any manipulation at the hands of the applicant or his employees. Physical custody of the applicant is absolutely not required for the purpose of investigation. The learned Advocate for the applicant, therefore, prayed for anticipatory bail.