ANIL SOMDATTA NAGPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail on the ground that the mandate of law pertaining to filing of charge sheet being not adhered to, the applicants be released.

(2.) The facts necessary to consider the applicability of the relevant statutory provisions are these. In pursuance to the raid on the factory premises of one Deepak Mundada, original accused no. 3, wherein two iron tanks of 12,000 and 6,000 litres capacities, a motor tanker containing Benzin, Greenish lubricating in 200 litres barrel, 45 kilos of white powder in 5 gunny bags and a motor tanker containing Mineral turpentine Oil (MTO) were found and were seized under panchanama. On the basis of a statement of ranjit Pandurang Desai a case was registered as c. R. No. 39/2004 with Karveer Police Station, kolhapur, against eleven accused persons named in the F. I. R. for offences under sections 3 and 7 of Essential Commodities Act, 1955 and under section 3 of Petroleum Storage and Distribution act, 2000.

(3.) The applicants state that on 20. 5. 2004 the investigation of the above C. R. No. 39/2004 came to be transferred to C. B. (Control) , Crime Branch, worli Police Station, Mumbai, on the orders of director General of Police, Maharashtra State.