HIRALAL RAMVILAS KALYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH the applicants in the above applications have an apprehension that they are likely to be arrested in connection with the offence which is registered at the Alibag Police Station vide C.R. No.82 of 2005, punishable under section 407 of the Indian Penal Code.

(2.) IT is alleged by the complainant that the applicant - Hiralal's brother Govind is the owner of the truck and he was given contract for delivery of 500 Fertilisers Gunny Bags from Alibag to Nijamabad. It is alleged that out of the said 500 bags, 91 bags were misappropriated on its way to Nijamabad and, therefore, a complaint was registered at Alibag Police Station. During the investigation, it transpired that the said truck stopped at the godown of the applicant - Hiralal and the said bags were delivered to him. The applicant - Hiralal is the brother of the owner of the truck and it is alleged that these 91 bags were misappropriated with the connivance of the said truck owner.

(3.) THE learned APP appearing for the State, however, vehemently opposed the said applications for bail. He submitted that the bags in question were fertilisers which were to be sent to the consignee in Andhra Pradesh. He submitted that the said bags were essential commodities within the meaning of the Essential Commodities Act and, therefore, the applicants had also committed an offence punishable under the Essential Commodities Act.