Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 611 (MP)

Kamlesh Gupta v. State of M. P.

2014-05-26

B.D.RATHI

body2014
Judgment Heard. 2. Perused the case diary. 3. This is first application under Section 438 of Cr.P.C. filed on behalf of applicant for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.30/2014 registered against him at Police Station, Basoda, District Vidisha (M.P.) for commission of offence punishable under Section 3/7 Essential Commodities Act read with Clause 19 of Fertilizer Control Order, 1985. 4. As per the allegations made against the applicant, he is a dealer who sells DAP fertilizer. It is found that he was selling substandard fertilizer and therefore the case was registered against him. 5. Prayer for bail was made on the ground that though offence is bailable but even then he can be released on bail because police is unable to understand the meaning of bailable offence in case of Essential Commodities Act. In support of his contention, learned counsel for the applicant relied on a judgment of this Court in the matter of Dinesh Kumar Dubey and another Vs. State of M.P. 2001(1) MPHT, 213. 6. Prayer for bail was opposed by the learned Public Prosecutor on the ground that it is a case of bailable offence, therefore, the present application is not maintainable in view of the provisions contemplated under Section 438 of the Code of Criminal Procedure. 7. Looking to the fact that the offence registered against the applicant is bailable, therefore, this Court is not inclined to grant the benefit of anticipatory bail to the applicant. 8. Consequently, Mcrc stands dismissed.