BOMBAI HIGH COURT RELEASES ACCUSED ALLEGED TO HAVE STORED GUTKHA, SCENTED TOBACCO AND PAN MASALA ON ANTICIPATORY BAIL
Justice Urmila Phalke Joshi has released Kisan Balu Shinde and Sachin Ramesh Shinde R/o Pophali, Umarkhed , Dist Yavatmalon anticipatory bail.
Kisan Balu Shinde and Sachin Ramesh Shinde were apprehending arrest for the alleged offenses punishable under sections 188, 328, 272, 273, 34 of Indian Penal Code R/w sec 26 (2)(i), 27 (3)(e), 30 (2)(a), 59 of Food Safety and Standard Act registered vide Crime No: 132/2023 dated 17-02-2023 by the PSO PS Umarkhed, Yavatmal.
The case of the prosecution is that, on 16-02-2023, the complainant Gopal Vinayak Mahure aged 40 years working as food safety officer, Yavatmal received the secret information that, Kisan Shinde and Sachin Shinde have stored contraband articles in the tin shed of their agricultural field. That, on visiting the spot they found that illegal stock of flavoured Tobacco, Pan Masala and Gutkha total amounting to Rs. 1,76,947/-. Hence FIR was registered against the Applicants with Umarkhed Police Station and hence the Applicants were apprehending their arrest in the above mentioned crime.
It was submitted that, the issue regarding applicability of Section 328 was before this Court and before the Aurangabad Bench wherein the applicants are released on bail in the event of their arrest, considering that offence under Section 328 is not made out. The bail applications at the Principal Seat were rejected which was the subject matter of the petition before the Hon’ble Apex Court, wherein the Hon’ble Apex Court has stayed the order passed by the Principal Seat of this Court. This Court i.e. Nagpur Bench and Aurangabad Bench considered the applications and released the applicants on bail, in similar types of allegations.
It was submitted that, prima-facie it appears that the allegations as regards administration of prohibited substance is not made against the present applicant. The only allegations is that he was found in possession of the said contraband. There is no attempt or he has not administered the same to anybody. So, one cannot attribute him the guilt only because he stored the contraband, it cannot be presumed that he procured or stored the said contraband for the purpose of administration to unknown person or knowing that it will be administered to the unknown persons with intend to cause them to heart.
It was submitted that, in view of the order of the Hon’ble Apex Court and the order by this Court as well as at Aurangabad Bench, the similar view is to be taken as there is no reason to take the different view. The application of the present applicant deserves to be allowed as no primafacie case is made out against the present applicant under Section 328 of the Indian Penal Code.
Considering the submissions, Justice Urmila Phalke Joshi has released was pleased to release Kisan Balu Shinde and Sachin Ramesh Shindeon anticipatory bail.
Adv Mir Nagman Ali appeared for Kisan Balu Shinde and Sachin Ramesh Shinde .