Decided on May 01,1984



S.C.Agrawal, J. - (1.)This application has been moved under Section 438 Criminal Procedure Code by the petitioners Kailash Chand and Ramesh Chand who are partners of firm M/S Jodhraj Chhotelal. A case under Section 7 of the Essential Commodities Act has been registered against the aforesaid firm on the basis of a complaint case No. 25 dated 24th June, 1983 of Howrah GRPS. The said case relates to the seizure of 87 bags of gram out of 191 bags which were despatched by the petitioner from Kharit to Calcutta.
(2.)I have heard Shri R.P. Garg, the learned counsel for the petitioners and the learned Public Prosecutor, Shri Garg has placed before no an application submitted by S.L. D.G.B. GRP Howrah on 27th June, 1983 with regard to the seizure of 87 bags of gram under Section 6-A of the Essential Commodities Act which shows that a case under Section 7 of the Essential Commodities Act has been registered against the petitioners. Shri Garg has submitted that warrant for arrest of the petitioners have been issued and they apprehend arrest in pursuance of the said warrants. It is prayed that the interim order for anticipatory bail of the petitioners may be passed to enable them to approach the appropriate court for bail. Taking into consideration the facts and circumstances of the case, I consider it a fit case in which the petitioners may be granted interim bail till they obtain appropriate orders from the competent court. It is, therefore, directed that in the event of their arrest in connection with Howrah G RP case No. 25 dated 24th June, 1983 under Section 7 of the Essential Commodities Act, within the territory of Rajasthan, the petitioners Kailash and Ramesh shall be released on furnishing a personal bond in the sum of Rs. 25,000/- each with one surety of the like amount each of the satisfaction of Chief Judicial Magistrate, Alwar. This order shall remain in force upto 31st May, 1984 before which date the petitioners should appear before the Court from where warrants of arrest have been issued or obtain the orders of anticipatory bail from a court of competent jurisdiction this order subject to the following conditions:1. that the petitioners shall make himself available for interrogation by a police officer as and when required; 2. that the petitioners 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 from disclosing such facts to the Court or to any police Officer;
(3.)That the petitioner shall not leave India without the previous permission of the Court. Anticipatary Bail granted.

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