The judgment emphasizes the need for cogent material to justify detention and the requirement to prove possession of stolen property.

I.A. Ansari, J.

1. This is an application made under Section 439 Code of Criminal Procedure seeking bail by the accused-Petitioner, namely, Kailash Kumar Agarwalla, in connection with Titabor PS Case No. 42/2004 under Section 7 of the Essential Commodities Act, 1955, read with Section 23(1)(a) of the Petroleum Act, 1934.

2. On 18.5.2004, Sri Dwijen Singh, Executive Magistrate, Titabor, lodged an FIR with reference to Titabor PS Case No. 42/2004 afore-mentioned, the allegations in FIR being, in brief, thus: It has been learnt by the informant from reliable source that M/s Balaji Tea Industries, Rangajan, has stored petroleum product (suspected crude oil) unauthorisedly for long and have also used the same to run their factory located at Rangajan whereupon, he (informant), under the instruction of the Sub-Divisional Magistrate, Titabor, seized the documents and oil tanker containing 4500 liters of petroleum product (suspected crude oil) from the premises of M/s Balaji Tea Industries on 18.5.2004 and also seized sample of the oil contained in 6 one litre gallons. Based on this FIR, Titabor PS Case No. 42/2004 aforementioned was registered.

3. During investigation, the police arrested the accused, Petitioner, namely, Kailash Kumar Agarwalla, and while forwarding the accused-Petitioner to the learned Chief Judicial Magistrate, Jorhat, the investigating officer alleged that during investigation, the police had seized some invoices/challans of furnace oil relating to purchase of 48,000 liters of furnace oil from M/s PG Oil Traders, Amguri, whose proprietor/owner is one Putul Gogoi, who is suspected to be involved in the commission of theft and sale of crude oil and against whom Pulibor PS Case No. 91/2003 under Section 379 and 411 IPC read with Section 3 of Prevention of Damage of Public Property Act, 1984 was under investigation and that the said M/s PG Oil Traders, Amguri, had not only sold suspected crude oil to the accused Petitioner but to other business houses as well. The forwarding report also disclosed that the sample from the seized oil had been sent to different places for experts opinion. On these premises, the investigating officer sought for, and obtained, the custody of the accused Petitioner along with his employees for as many as 6 days by two different orders passed on 19.5.2004 and 21.5.2004 in Titabor PS Case No. 42/2004 aforementioned.

4. On completion of interrogation of the arrested accused persons, the investigating officer, while producing the accused before the Chief Judicial Magistrate, Jorhat, and praying for not allowing the accused to be released on bail, submitted an additional forwarding report alleging, inter alia, that according to their investigation, the furnace oil need not be mixed with diesel, while using the same in the factory and the reports from the Forensic Science Laboratory and other experts were awaited, but in the meanwhile, the invoices seized from M/s Balaji Tea Industries had been verified.

5. The application for bail moved by the accused on 15.5.2004 itself, i.e., the date on which the accused was reproduced before the Court, was rejected by the learned Sub Divisional Judicial Magistrate (Sadar), Jorhat.

6. In the above backdrop, the present application for bail was moved before this Court. Though the case diary was called for the same has not submitted and no explanation has been offered by the State for its failure to produce the relevant case diary. However, a detailed report with regard to the case has been submitted by the State and the same has been carefully perused. Also perused the application for bail and other materials on record.

7. Heard Mr. B D Konwar, learned Counsel for the accused Petitioner, and Mr. FH Laskar, learned Addl. Public Prosecutor, Assam.

8. Upon hearing the learned Counsel for the parties and upon perusal the materials on record, what attracts the eyes, most prominently, is that one Putul Gogoi, who allegedly owns M/s PG Oil Traders, is suspected to be