Mumbai, Maharashtra – May 6, 2022 – The Sessions Court for Greater Bombay has denied bail to Javed Anwarulhaq Shaikh, accused of possessing and selling banned tobacco products. Additional Sessions Judge R.M. Sadrani (C.R. No. 37) rejected Bail Application No. 920 of 2022, related to Crime Branch C.R. No. 25 of 2022 (D.N. Nagar Police Station C.R. No. 314 of 2022).

Javed Anwarulhaq Shaikh, 37, was arrested and charged under Sections 328 (causing hurt by means of poison, etc., with intent to commit an offense), 188 (disobedience to order duly promulgated by public servant), 272 (adulteration of food or drink intended for sale), and 273 (sale of noxious food or drink) of the Indian Penal Code (IPC), and¹ under Section 59 of the Food Safety and Standards Act, 2006.

Case Background:

Acting on secret information, police conducted a raid at Shaikh’s residence. During the raid, he was found in possession of pan masala and gutkha of various brands, worth ₹24,45,564. Additionally, ₹2,12,380 in cash was seized. Shaikh was arrested on April 12, 2022.

Arguments and Court’s Reasoning:

Advocate Shabnam Shaikh represented the applicant, Javed Anwarulhaq Shaikh. APP Abhijeet Gondwal represented the respondent, the State of Maharashtra.

The court noted that Shaikh had a history of similar offenses, including C.R. No. 578 of 2013, C.R. No. 135 of 2019, C.R. No. 431 of 2020, and C.R. No. 137 of 2021, all registered at D.N. Nagar Police Station. “Applicant is having criminal antecedents of similar nature i.e. C.R.No.578 of 2013, C.R.No.135 of 2019, C.R.No.431 of 2020 and C.R.No.137 of 2021 all registered at D.N. Nagar Police Station,” Judge Sadrani stated.

The court emphasized that Shaikh was repeatedly committing the same crime and misusing his liberty. “Applicant is repeatedly committing same crime and misusing his liberty,” Judge Sadrani noted.

Additionally, the court considered that the investigation was at its primary stage. “Investigation is at primary stage. Therefore, at this stage, applicant is not entitled for bail,” Judge Sadrani concluded.

Decision:

Judge Sadrani rejected the bail application, citing Shaikh’s repeated offenses and the ongoing investigation. The certified copy of the judgment was issued on May 6, 2022. This decision highlights the court’s consideration of the accused’s criminal history and the stage of the investigation when denying bail.