ri.B.A.No.1207/2022 Order below Exh.01 in Cri.B.A.No.1207/2022

CNR No.MHNS010051942022

(Sandesh Radhesham Lohiya vs. State)

The applicant has preferred this application for anticipatory bail praying therein that he may be released on bail in the event of arrest in connection with CR.No.I­296/2022 registered with Nashik Road police station for the offence punishable under Sec.26(2)(i), 27, 30(2)(a), 26(2)(4), 27(3)(e), 59 of Food Safety and Standards Act, 2006 and Sec. 188, 272, 273, 328 of IPC, on the basis of FIR lodged by Pramod Shivlal Patil.

2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That applicant is permanent residence of Nashik. FIR is against unknown person. Muddemal is seized from the shop which was in custody of applicant. Said shop was owned by family and only applicant is using the said shop. The Gutkha and tobacco was only stored but there was no sale. The applicant has no nexus with Gutkha and tobacco which is already seized. Sec.328 of IPC is not attracted.

That the applicant will co­operate to investigation machinery and will abide by terms and conditions if any imposed by the court. That applicant is reputed person in the society. He will not tamper with prosecution evidence. There are no criminal antecedents against applicant. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that the offence is serious one. The accused has stored Gutkha and tobacco illegally. Interrogation with the accused with respect to the same is necessary. The shop, Gutkha and tobacco were in custody of accused. The accused is absconded and if released on bail, he will not co­operate in investigation. On these main grounds and others have prayed for rejection of the bail application.

4.Heard Ld. Advocate Mr.Kasaliwal for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Nashik Road police station.

5.Mr.Kasaliwal reiterated the grounds mentioned in the bail application. He stressed his arguments that prime offence 328 of IPC which is sessions triable is not made out as the substance seized is not poisonous in nature. To buttress his arguments, he relied upon Ganesh Pandurang Jadhav vs. State of Maharashtra reported in LAWS (BOM) 2016 3 4, State of Maharashtra And Anr vs. Sayyed Hassan Sayyed Subhan and Ors reported in LAWS (SC) 2018 9 62, Anand Ramdhani Chaurasia vs. State of Maharashtra Criminal Writ Petition 3607/2019.

6.Per contra, Ld. APP Mr.Kotwal submitted that the present accused is owner of go­down in which Gutkha and Pan tobacco were stored.

7.On perusal of FIR as well as case papers, it is apparent that in the raid, the police has seized Gutkha and tobacco amounting to Rs.3,61,570/­ from Shop No.07, Sachdev Arcade, Subhash Road, Nashik Road, Nashik. The informant Food Safety Officer has lodged FIR. In the above referred citations relied upon by Ld. Adv.Mr.Kasaliwal, the Hon’ble Bombay High Court has observed that production, manufacturing, possessing Gutkha and Pan Masala would not amount to administrating poison.

8.Already the Gutkha and Pan Masala are seized. The allegations faced by the applicant is that he is in possession of godown in which Gutkha was stored. Nothing is to be recovered or discovered at the instance of present applicant. The interest of Investigating Officer can be secured by putting the present applicant to attendance. Hence, I proceed to pass following order : ORDER
(1). Application is allowed.

(2). In the event of arrest of the applicant Sandesh Radhesham Lohiya in connection with Cr.No. I­296/2022 registered with Nashik Road police station for the offence punishable under Sec.26(2)(i), 27, 30(2)(a), 26(2)(4), 27(3)(e), 59 of Food Safety and Standards Act, 2006 and Sec. 188, 272, 273, 328 of IPC, on the basis of FIR lodged by Pramod Shivlal Patil, the above named applicant be released on bail, on furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand only), with one surety of like amount on following conditions.

(a). He shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.

(b). He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.10.06
16:32:32 +0530 Nashik. ( V. P. Desai) Date : 06.10.2022 Additional Sessions Judge, Nashik.