Accused released on anticipatory in Gutkha and Pan Masala case
Single bench headed by Justice Anil Kilor has granted bail to Shaikh Raees Mr. Ali Khan Kadir Khan R/o Risod, Washim.
Mr. Ali Khan Kadir Khan was apprehending arrest for the alleged offenses punishable under sections 328, 188, 273 of IPC r/w section 59 of the Food Safety and Standards Act of 2006 registered vide Crime No: 218/2022 dated 09/04/2022 by the PSO PS Risod on the report lodged by the NPC Santosh Sudersingh Rathod.
1. on 09/04/2022, on secret information, Police personals from P.S. Risod, Dist Washim were doing patrolling in Monimpura area. At about 14.35, police personals found Ali Khan Kadir Khan carrying a sack near Kashibai Bagdiya School. After noticing police personals, Ali Khan Kadir Khan threw that sack on the road and ran away through nearby colonies. The police authority in presence of Panchas seized the sack thrown by the Ali Khan Kadir Khan and search was conducted in presence of the witness and thereby they found following contraband:
VALUE (IN RS)
Nazar Primium Packet
RJ Pan Masala
Total Value: Rs: 5050/-
It was submitted Mr. Ali Khan Kadir Khan do not have any nexus with the alleged recovery and with the offence. Though the names of applicants are appearing in the FIR but there is no accusation that the applicants knowingly administered poison, stupefying, intoxication or unwholesome substance or drug with an intention to cause hurt.
It is was submitted that, mere recovery of substance is not sufficient to invoke provisions under section 328 of Indian Penal Code.
Adv Mir Nagman Ali, appeared for Mr. Ali Khan Kadir Khan