PRADEEP KUMAR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It has been submitted by Shri Bajwa that the present accused petitioners are partners of a firm known as Deroliya Brothers. Gajanand Deroliya who is said to be the main person conducting the business of this firm was arrested on the spot and was released under Sec. 439, Criminal Procedure Code. The allegation is that in the stock of this partnership firm huge quantity of fertilizer was recovered and seized in a raid conducted by the Distt. Supplies Officer. The entire quantity of fetilizer has been seized. It has been submitted that the statements under Sec. 161, Code Criminal Procedure have already been recorded. The investigation is almost complete, although the challan remains to be filed. The allegation is that this quantity of fertilizer was not entered in the stock register and the firm as well as the partners have violated the Rajasthan Trade Articles (Licencing and Control) Order, 1980. Without expressing any opinion on the merits in the facts and circumstances of the case, I am inclined to accept this bail application under Sec. 438, Criminal Procedure Code.

(2.) It is, therefore, ordered that petitioner Pradeep Kumar and Nirmal Kumar, sons of Gajanand Deroliya, resident of Shri Mahaveerji, District Sawai Madhopur, if sought to be arrested by the SHO/Arresting officer/investigating Officer, Police Station Shri Mahaveerji, District Sawai Madhopur in connection with FIR No. 116/1992 registered at that police station, for offences under Sec. 3/7 of the Essential Commodities Act, 1955 read with Rajasthan Trade Articles (Licencing and Control) Order, 1980 subject to their furnishing a personal bond in the sum of Rs. 10,000.00(Rupees ten thousand) with two sureties in the sum of Rs. 5000.00 (Rupees five thousand) each to the satisfaction of the SHO of the said Police Station, be released on bail, on the following conditions :