The court allowed the application for anticipatory bail filed by the apprehending petitioner under the Essential Commodities Act, 1955, directing his release on regular bail if arrested, noting he was not named in the FIR and has no flight risk.
Application for anticipatory bail allowed; petitioner to be released on bail if arrested.
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ABLAPL No. 10649 of 2015
27.08.2015 Heard learned counsel for the petitioner and the learned Addl. Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offences under Sec
tion 7(1)(ii) of the Essential Commodities Act, 1955 in G.R. Case No.1146 of 2014 of the court
of S.D.J.M., Jagatsinghpur, arising out of Khurdha Special Task Force P.S. Case No.12 of 2014
It is apparent from the records that the present petitioner has not been named in the
F.I.R. In the meantime, in a proceeding under Section 6(A) of the E.C. Act, learned Collector
and District Magistrate, Jagatsinghpur has released the vehicle in favour of the petitioner, w
hich is registered in the name of the petitioner and on that basis he has been implicated in t
his case.
Keeping in view the aforesaid consideration, facts of the case, the finding of the lear
ned Collector and District Magistrate, Jagatsinghpur and the fact that the petitioner is a per
manent resident of village-Panchgachia, P.S. Ainthapalli, Dist. Sambalpur and there is no cha
nce of his fleeing from justice, the application for anticipatory bail is allowed. It is dire
cted that on the event of his arrest, he shall be released on bail on such terms and condition
s as deemed just and proper by the Arresting Officer.
The ABLAPL is accordingly disposed of.Urgent certified copy of this order be granted on proper application.S.K.Mishra, J.2
3 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in proceedings under the Essential Commodities Act, 1955.
Whether the petitioner should be released on bail if arrested by the Arresting Officer.
Whether the facts justify the release of the vehicle and implications for the petitioner's contention.
2 provisions across 1 enactments
Petitioner
S.K.Mishra
As recorded by the court registry
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