RAMESWARLAL KHANDELWALLA Vs. STATE

JUDGEMENT

(1.) THIS is a petition to enlarge the petitioner on bail. The petitioner was prosecuted under Rule 41 of the Defence of India Rules 1962.

(2.) THE prosecution case is that the petitioner who is to he a dealer in Kerosene in nilgiri in the district of Balasore, sold a tin of white kerosene to one Gopinath behera for Rs 20/- which is much in excess of the authorised price, and thereby committed prejudicial act within the meaning of Clause 35 (6) (i) of the Defence of india Rules. After charge-sheet was submitted, the bail application was moved on behalf of the petitioner and it was rejected by the S. D. O Nilgiri by his order dated 15-10-65 on the ground that Kerosene is an essential commodity and the materials on record disclosed that the petitioner sold kerosene at a much higher rate than the prevailing market price His application for hail before the Sessions judge having also been rejected, the petitioner has come up to this Court with this petition to enlarge him on bail.

(3.) THE Defence of India Rules. 1962, (hereinafter mentioned as 'the Rules') make a special provision in Rule 155 regarding release of an accused on bail. It runs as follows