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 arre