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(2023) Law Today Live Doc. Id. 17466
Decided on: 10.01.2023
For Petitioner(s):
Mr. Gaurav Agrawal, Adv. Mr. Mahinder Singh Hura, Adv. Mr. Jasmeet Singh, AOR Mr. Saif Ali, Adv. Mr. Saurav Sunil, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Pushpendra Singh Bhodariya, Adv. Ms. Rusheet Saluja, Adv. Ms. Mandeep Kaur, Adv. Mr. Vijay Sharma, Adv. Mr. Garvit Thukral, Adv.
For Respondent(s):
Mr. Amod Kr.Bidhuri, Adv. Mr. Mohd.Saquib Siddiqui, Adv. Mr. Yudhister Bhardwaj, Adv. Ms. Jyoti Sharma, Adv. Mr. Maneesh Pathak, Adv. Mr. Milind Kumar, AOR
Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Essential Commodities Act, 1955 (10 of 1955), Section 3(2)(D), 7 -- Fertilizer (Control) Order 1985, Clause/Section 12 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Manufacturing fertilizer without any licence -- Appellant disclosed that he is cooperating with the investigating agency -- State also apprised that the appellant has attended the police station on 08.07.2022 – No necessity of custodial interrogation -- Appeal allowed, direction given that in the event of arrest of the appellant, he shall be released on bail.
(Para 1-4)
ORDER
1. Leave granted.
2. The allegations against the appellant relates to offences punishable under Sections 420 and 120-B of the Indian Penal Code read with Section 3(2)(D) and 7 of the Essential Commodities Act, 1955 and Clause/Section 12 of the Fertilizer (Control) Order 1985. The substance of the allegations against the appellant is that he is manufacturing fertilizer without any licence. The appellant has filed an additional affidavit disclosing therein that he is cooperating with the investigating agency.
3. Learned counsel for the State also apprised this Court on instructions that the appellant has attended the police station on 08.07.2022.
4. In the given circumstances, we do not think there is necessity of custodial interrogation of the appellant. We, accordingly, set aside the impugned order and direct that in the event of his arrest of the appellant in the subject case, he shall be released on bail on such terms and conditions the concerned Trial Court may impose. The appellant, however, shall continue to co-operate with the investigating agency.
5. The appeal is allowed in the above terms.
6. Pending application(s), if any, shall stand disposed of.
Appeal allowed.
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