AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2253 OF 2025

1. Hetan Ram Gangwani, Aged 37 years, Occupation: Business, Kanchan Mirg Building, Plot No.75, 1st Floor, Simplified CHS Ltd., T.V. Chidambaran Road, Sion, Mumbai

2. Yash Ram Gangwani, Aged 38 years, Occupation: Business, Lilian Apartment, Dr. Ambedkar Road, Opposite Lok Complex, Bandra (West), Mumbai … Applicants V/s.

The State of Maharashtra, through Uran Police Station. … Respondent Mr. P.A. Pol with Mr. Sharad Suryawanshi and Mr.

ATUL GANESH Ranjit Hatkar i/by Pol Legal Juris for the applicant.

KULKARNI Digitally signed by ATUL GANESH KULKARNI Mrs. Mahalakshmi Ganapathy, APP for respondent Date: 2025.09.30 11:48:18 +0530 No.1-State.

CORAM : AMIT BORKAR, J.

RESERVED ON SEPTEMBER 25, 2025 PRONOUNCED ON : SEPTEMBER 30, 2025 JUDGMENT:

1. The applicants, apprehending arrest in connection with Crime Register No.346 of 2024 registered with Uran Police Station, District Raigad, for the offence punishable under Sections 287, 125, 3(5) of the Bharatiya Nyaya Sanhita, 2023; Sections 3 and 7 of the Essential Commodities Act; Sections 3, 4, 6, 23(a) of the Petroleum Act; and Section 4 of the Inflammable Substances Act, has approached this Court seeking anticipatory bail under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. According to prosecution, the informant, an Assistant Police Inspector, along with police staff, visited a customs bonded warehouse on 12 July 2024 at about 16.30 hours. They noticed eight tankers parked there. No satisfactory information regarding those tankers was available, so they were kept on hold.

3. On 13 July 2024, accused No.3 – Rakesh More, visited the police station with certain papers. He produced documents showing that one Sole Bloom Pvt. Ltd. had imported “Process Oil– 40”. During voyage, by a high seas sale agreement, M/s. Siddhidhata Trading Company purchased the goods. At the port of delivery (J.N.P.T. Port), M/s. Naksh Trading Company further purchased them.

4. On inspection, the informant found that in two tankers hydrocarbon oil was present, and in the remaining six tankers Process Oil–40 was stored. Samples were drawn for testing. The analysis revealed that the oil was adulterated diesel fuel.

Therefore, the tankers and the goods loaded in them were seized.

5. The Police Station Officer, Uran, registered Crime No. 346 of 2024 dated 12 October 2024 for offences under Sections 287, 125, 3(5) of the Bharatiya Nyaya Sanhita, 2023; Sections 3 and 7 of the Essential Commodities Act; Sections 3, 4, 6, 23(a) of the Petroleum Act; and Section 4 of the Inflammable Substances Act against the present applicant/accused and others.

6. Mr. P. A. Pol, learned advocate for the applicants, submitted that As per circular dated 12 November 2021, neither the API nor customs officers are authorised under the Petroleum Order, 1999, Order 2000, Order 2005, or Order 1987. They have not been appointed by Government either by special or general order. The FIR itself shows that the API illegally detained goods on 12 July 2024 under police diary No. 21 of 2024 because hazardous chemicals were shifted from containers to tankers, which is not permissible in a customs bonded warehouse. There is no “seizure” as defined under Section 3(j) of the Essential Commodities Act, 1955. There was no reason to believe that a contravention of any order was committed, being committed, or about to be committed, as defined under Section 3(j)(i) of the Essential Commodities Act, 1955. The FIR dated 12 October 2024, registered under diary No. 31 of 2024, and the investigation carried out by the API, are illegal. The FIR is based on a customs test report, which is illegal in view of clause 2 of the circular dated 12 November 2021, as the API and customs officers are not authorised under the Petroleum Orders mentioned above, nor was due procedure under Section 100 of the CrPC or Petroleum Rules, 2002 followed. The FIR is f