Judgment · High Court

Heard Sri P Bora, learned counsel for the petitioner. Also heard Sri B S Sinha, learned Additional Public Prosecutor for the State of Assam. Also perused the Case Diary. This application U/S 438 CrPC has been filed by the petitioner, namely, Sri Biraj Bhatta, praying for anticipatory bail apprehending his arrest in connection with Margherita PS Case No. 34 of 2011, under Sections 120 (B)/ 37 9/ 411 of the Indian Penal Code, read with Section 7 of the EC Act, 1955. The prosecution case is that nearly 8000 litres of blue-dyed SK Oil has been seized from No. 1 Makum Pathar, village. The S K Oil was kept conce aled in a hut near a brick kiln. Sri Bora submitted that the petitioner is a licensee of SK Oil a nd he does not deal in blue-dyed S K Oil. It is not necessary that a licensee of SK Oil cannot do illegal business in blue-dyed SK Oil. Be that as it may, all the witnesses so far examined by the Inve stigating Officer have stated in chorus that the said oil was stored by the peti tioner Sri Biraj Bhatta. Hence, it is not a fit case for grant of anticipatory bail to th e petitioner. acated. Accordingly, the interim bail granted on 08.04.2011, is hereby v The Registry is directed to transfer a copy of this order to the Investigating Officer. The Anticipatory Bail Application, accordingly, stands disposed of.