Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol

Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.

Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question.

"Stealing petroleum-based fuels has an adverse impact on a country's economy, contributing to rising fuel prices, a reduction in revenue from taxes, and illegal trade. The applicant seems to be the linchpin of the offence, and his custody would be necessary to uncover the illicit network of the unlawful fuel trade," Justice Laddha said in the order passed on November 18.

The bench noted that the accused Khan orchestrated the offence by renting a tanker and tapping the pipeline of Indian Oil Tanking Limited at Nhava Sheva port. The judge noted that the applicant, a businessman indulged into fish farming, used a motor pump to transfer the petrol from the pipeline to their own tanker.

"This stolen fuel was then unauthorisedly sold at a concessional rate to the tanker's owner and others. Despite the applicant's absence from the scene, he seems to have monitored the theft from a distance. The material on record prima facie indicates that the applicant actively participated in and benefited from the crime," the judge said.

With these observations, the bench rejected the anticipatory bail application.

Appearance:

Advocate Sandeep Waghmare appeared for the Applicant.

Additional Public Prosecutor Amit Palkar represented the State.

Case Title: Mohd. Ahmed Shafique Khan vs State of Maharashtra (Anticipatory Bail Application 3087 of 2024)

Citation: 2024 LiveLaw (Bom) 610

Click Here To Read/Download Order