Aprit Dongre vs The State Of Madhya Pradesh
2022 Latest Caselaw 6866 MP

      IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                            BEFORE
     HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)

                    ON THE 7th OF MAY, 2022




         MISC. CRIMINAL CASE No. 21426 of 2022

 Between:-
 APRIT DONGRE S/O SHRI CHANDRA
 SHEKAR DONGRE, AGED ABOUT 31
 YEARS, OCCUPATION: BUSINEESSMAN
 WARD NO. 07, MANDLESHWAR TAHSIL
 MAHESHWAR,   DISTRICT KHARGONE
 (MADHYA PRADESH)
                                               .....APPLICANT
 (BY SHRI ADITYA CHOUDHARY, ADVOCATE)

 AND

 THE STATE OF MADHYA PRADESH
 STATION HOUSE OFFICER THROUGH
 POLICE   STATION   MANDLESHWAR
 DISTRICT   KHARGONE    (MADHYA
 PRADESH)
                                          .....NON-APPLICANT
 (BY SHRI HEMANT SHARMA, GOVT. ADVOCATE )
      This application coming on for admission/orders this day,
the court passed the following:

                           ORDER

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.583/2022 registered at Police Station Mandleshwar, District - Khargone (M.P.) for the offence punishable under Sections 3/7 of Essential Commodities Act, 1955.

As per prosecution case, on inspection of the petrol pump of the applicant operated under the name of Balipur Sarkar Adi Bio-fuels, it was found that the bio-diesel was being sold from the said retail outlet without permission of the Collector and necessary display which was required to be made at the fuel station was also not being displayed and, thus, the owner of the retail outlet has violated the guidelines for sale of bio-diesel for blending with high speed diesel for transportation purpose 2019 framed under Rule Clause 6A of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and prevention of Malpractice) order dated 19th December, 2005 and other laws and the said conduct of non- display also amounted to violation of certain other regulations issued by the Government notifications issued by the Government.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the said crime. The offence under Section 3/7 of Essential Commodities Act are bailable offence in view of the law laid by this Court in M.Cr.C. No.26957/2020(Rakesh Kumar Vs. State of M.P.). From the aforesaid judgment it is clear that the offence under Section 3/7 of Essential Commodities Act is a bailable offence, but still the applicant was apprehending his arrest by the concerned policed station and, therefore, he approached to the learned Subordinate Court for anticipatory bail and the learned Subordinate Court erroneously rejected the same without taking into account the existing law relating to bailable offence, though the said offence is bailable.

From bare perusal of the FIR, it is clear that the date during which the offence has been committed is between 28.08.2021 and 25.11.2021. On 28.08.2021, the petrol pump of the present applicant was sealed by the government authorities. Thus, once the pump has been sealed and there is no evidence to demonstrate that the seal was broken and sale was continued and, therefore, it is clear that no offence under the Essential Commodities Act could have been committed by the present applicant between 28.08.2021 and 25.11.2021. The applicant was having NOC from various departments and was operating his pump after valid legal permission from various authorities. Copy of the few NOCs received from various Government departments by the applicant is annexed herewith.

It is further submitted by the learned counsel for the applicant that before lodging of FIR and before sealing of the unit of the Applicant against the present applicant, Chief Executive Officer of Janpad Panchyat wrote a letter to Collector and Sub- Divisional Officer for issuing a Non-objection Certificate from the Sub-Divisional officer. Later, District Magistrate also issued a letter to Tehsildar and Sub-Divisional Officer for issuing No- Objection Certificate and later by Revenue Inspector to Nayab Tehsildar. Copy of letters to Govt. Authorities are annexed herewith. The only allegation levelled against the present applicant is that he is not having necessary NOC from the Collector. He further submits that the allegations levelled against the present applicant are primarily of civil nature and action is already taken against the present applicant and, therefore, filing the present FIR after a delay of about 2 ½ months from the date of sealing the retail outlet merely amounts to abuse of the process of law. Apart from this, the applicant does not bear any criminal antecedents. Once the civil action was already taken against the present applicant by sealing his petrol pump then the only reason behind filing the present FIR and taking criminal action is to injure or humiliate the applicant by having him arrested. The applicant is ready to co-operate with the investigation. On the aforesaid grounds, the applicant may be enlarged on anticipatory bail.

Learned counsel for the non-applicant/State, on the other hand, has opposed the bail application, but fairly concedes that there is no other incriminating evidence against the applicant.

I have heard the counsel for the parties and perused the record.

Looking to the facts and circumstances of the case and on perusal of the material available on record including the case diary, without expressing any opinion on the merits of the case, this application is allowed. It is directed that in the event of his arrest, the applicant be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety to the satisfaction of the Arresting Officer with the following conditions:-

(i) that he shall make himself available for interrogation by a police officer as and when required. ( ii) that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

(iii) that he would comply with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure, 1973, meticulously.

Certified copy, as per Rules.

(Rajendra Kumar (Verma)) Judge

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PREETHA Digitally signed by PREETHA NAIR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b 9ad42416f404bb303,

NAIR pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E 65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2022.05.10 16:54:43 +05'30'