Sujit Abhiram Jha vs. The State Of Maharashtra

Facts

The applicants, Prashant Radhekrishna Upadhyay and Sujit Abhiram Jha, sought anticipatory bail in connection with FIR No. 472 of 2021, registered at Kalwa Police Station. The FIR was lodged for offences under Sections 420, 120B read with 34 of the Indian Penal Code, and provisions of the Petroleum Act, 1934, and the Essential Commodities Act, 1955. The complaint alleged the sale of duplicate bio-diesel as fuel. The complainant, a Rationing Inspector, intercepted a tanker suspected of selling duplicate bio-diesel. The driver indicated that the product was loaded at Khopoli, Taloja, and Navi Mumbai, and was to be transported to Ambernath and Palghar. The applicant Sujit Abhiram Jha was identified as the owner of the product. Samples of the product were sent for analysis, and the FIR was registered based on the suspicion of selling duplicate bio-diesel. The applicant, Sujit Abhiram Jha, is the proprietor of M/s. Shreenath Enterprises, a firm registered under GST and MSME, engaged in trading oils and chemicals. The analysis report indicated that the sample failed to meet the requirements for Bio-diesel, automotive diesel fuel BSVI, or Motor Gasoline BSVI. The applicant presented documents showing the purchase of Distillate Marine Fuel Oil from M/s. Sunrise Hitech India Pvt. Ltd., and the intercepted tanker contained this marine fuel oil destined for Jodhpur.

Held

The Court allowed the anticipatory bail applications. The Court found that the material on record prima facie indicated that the applicant Sujit Abhiram Jha was the proprietor of M/s. Shreenath Enterprises, a firm duly registered for Goods and Services Tax and with the Ministry of Micro, Small and Medium Enterprises, engaged in the trading of oils and chemicals. The Court also noted the applicant's submission that the tanker contained Distillate Marine Fuel Oil purchased from M/s. Sunrise Hitech India Pvt. Ltd., supported by a tax invoice and a bill for delivery to Jodhpur. Considering these aspects, the Court was of the view that the case did not justify custodial interrogation. Consequently, the applicants were granted pre-arrest bail upon furnishing a bail bond of Rs. 40,000/- each with one or two solvent sureties to the satisfaction of the Investigation Officer. They were also directed to report to the Investigating Officer for four days from March 28, 2022, and as and when required, provide their addresses and contact details, not change their residential address without prior intimation, and not interfere with the complainant or witnesses.

Key Issues

1. Whether the applicants are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, considering the allegations of selling duplicate bio-diesel and the prima facie evidence presented. The applicants argued that they were involved in the legitimate trading of oils and chemicals. They contended that M/s. Shreenath Enterprises, owned by applicant Sujit Abhiram Jha, was duly registered under GST and MSME. They further submitted that the tanker in question contained Distillate Marine Fuel Oil, which was purchased from M/s. Sunrise Hitech India Pvt. Ltd. and was intended for delivery to Jodhpur, supported by a tax invoice and a bill. The applicants asserted that the material on record did not warrant custodial interrogation. The State, represented by the Additional Public Prosecutor, did not present any specific arguments against the grant of anticipatory bail in the provided text, focusing instead on the registration of the FIR and the initial findings of the investigation.