BALWANT SAHEBLAL KHAWSE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under S. 438 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') for anticipatory bail. It relates to Crime No. 23/2001 of Police Station Multai, District Betul.

(2.) The case has been registered under S. 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as 'the Act') for contravention of Clause 4(c) of the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993 (hereinafter to be referred to as 'the Control Order') issued under S. 3 of the Act. Applicant-Balwant is said to have been found selling kerosene at the rate of Rs. 8.50 per litre. According to the prosecution retail price of kerosene fixed under the Control Order was Rs. 7.90 per litre. This offence is punishable under S. 7(1)(a)(ii) of the Act. The punishment provided for this offence is imprisonment which may extend to seven years.

(3.) The first point which has been raised on behalf of the applicant is that the offence punishable under S. 7 of the Act is bailable. Reliance has been placed on the order dated 15-10-1999 (by Hon'ble Dipak Misra, J.) in M.Cr.C. No. 6111 of 1999 - Nemchand Agrawal v. The State of M.P. and a reported decision - Dinesh Kumar Dubey v. State of M.P., 2001 (1) MPHT 213 : (2001 Cri LJ 1309) (by Hon'ble R.S. Garg, J.). During the course of hearing two more decisions have been cited, one dated 30-12-1999 (by Hon'ble S.S. Saraf, J.) and the other dated 20-11-2000 in M.Cr. C. No. 7681/2001 (by Hon'ble S.C. Pandey, J.). These decisions have also taken the view that offence under S. 7 of the Act is bailable.