SANTOSH MOHAN ARAWATTIGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioners and the learned Chief Public Prosecutor for the State.

(2.) THIS is an application for anticipatory bail filed by the Petitioners who have an apprehension that they are likely to be arrested in connection with CR No. 7 of 2006 at Vadgaon Police Station, Kolhapur for the offence punishable under sections 3 and 7 of the Essential Commodities Act and under section 285 of the Indian Penal Code and sections 130 and 177 of the Motor Vehicles Act. The petitioner No.1, admittedly, is a proprietor of M/s Arawattigi Brothers Petrol Pump at Tanang Phata and another petrol pump at Miraj-Sangli Road. The Petitioner No.1 is carrying on business as authorized dealer since last 39 years. The son of Petitioner No.1 herein is also assisting him in the conduct of the said business. Petitioner No.2 is a manager of the said petrol pump.

(3.) THE learned Counsel for the petitioners submits that apart from mentioning the provisions of sections 3 and 7 of the Essential Commodities Act, there is no specific reference regarding the alleged violation of any provisions of the Essential Commodities Act or rules framed thereunder. He submitted that the petitioners were authorized dealers and were authorized to sell the petrol from their petrol pump and that they were maintaining the necessary Registers. There was no restriction for sale of any particular quantity to any person. There was further no restriction on the person to whom the said sale would be made. He submitted that therefore no offence was committed by the Petitioners under the provisions of the said Act.