Accused released on anticipatory in Gutkha and Pan Masala case
Single bench headed by Justice Anil Kilor has granted bail to Shaikh Raees Shaikh Afsar R/o Chikhali Buldhana.
Shaikh Raees Shaikh Afsar was apprehending arrest for the alleged offenses punishable under alleged offenses punishable Under Sections 328, 188, 269, 270, 272, 273 Of Indian Penal Code R/W Sections 26(2)(I), 26(2)(Iv), 26(2)(V), 27(2)(E), 30(2)(A), 59 Of The Food Safety And Standards Act Of 2006 Vide Crime No: 301/2021 Dated 13/10/2021 by the Dhamangaon Badhe on the report lodged by the NPC Kishor Ramesh Rajput.
The case of the prosecution is that, on 13/10/2021 informant received secret information that in Swift Desire Car Gutka is being carried illegally from village Lalmati to Village Panhera. Informant along with other police staff, at around 12.30 did blockade and stopped a white-coloured Swift Desire Car bearing no: MH28AN1829 coming from Lalmati. Informant inquired with the driver and person accompanied therein in the said car but they gave evasive replies. On interrogation, they disclosed their names as Sheikh Salim Sheikh Ismail, driver of the car and Sadik Shah Majid Shah in presence of two panchas. On search of the said car following contrabands are found, the informant seized the said Muddemal in presence of two panchas and also drawn samples for CA purpose. Thereafter the report is lodged against Sheikh Salim Sheikh Ismail, driver of the car and Sadik Shah Majid Shah.
Value (in Rs)
Kesar yukt Vimal Pan Masala Gutkha
Swift Desire Car
Total Value: Rs: 545200/-
It was submitted Shaikh Raees Shaikh Afsar 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 Raees Shaikh Afsar.
Adv Mir Nagman Ali,