Mumbai, Maharashtra – May 19, 2022 – Feroz Yunus Ansari, a shopkeeper accused of selling banned tobacco products, has been granted bail by the Sessions Court for Greater Bombay. Additional Judge G.B. Gurao (C.R. 17) allowed Criminal Bail Application No. 1071 of 2022, related to C.R. No. 272/2022 registered with Nehru Nagar Police Station.
Ansari 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:
Police Constable Sambhaji Kolekar, while on patrol, received information that Ansari was selling gutkha, pan masala, and scented tobacco at his shop, “Basant General Store,” in Chembur. A raid was conducted, and banned tobacco products worth ₹40,410 were seized.
Arguments and Court’s Reasoning:
Ansari’s counsel, Adv. Sharif Shaikh, argued that his client was innocent and that the ingredients of Section 328 of the IPC were not applicable. He also emphasized that the banned products had already been seized, a significant portion of the investigation was complete, and Ansari was willing to abide by any conditions imposed by the court.
The prosecution, represented by APP Ramesh Siroya, opposed the bail, arguing that the offense was serious and harmful to society, and that Ansari might commit similar offenses if released.
The court, after reviewing the FIR, noted that the banned products had been seized and a panchnama had been prepared. “It reveals that the muddemal is seized. Panchanama was prepared. Now, there is no recovery or discovery at the instance of accused,” Judge Gurao stated.
The court also considered Ansari’s clear antecedents and his willingness to abide by court-imposed conditions. “His antecedents are clear and he undertakes to abide by the conditions, if any imposed by the Court. Hence, considering the facts and circumstances of the case, I find that accused is entitled for bail,” Judge Gurao concluded.
Bail Conditions:
Judge Gurao granted bail to Feroz Yunus Ansari on the following conditions:
- Execution of a personal bond of ₹15,000 with one surety of the same amount.
- Attendance at Nehru Nagar Police Station as and when required by the investigating officer until further orders.
- Prohibition from pressuring prosecution witnesses.
- Prohibition from committing any offense while on bail.
- Regular attendance at court hearings unless exempted.
- Submission of correct address to the investigating officer.
- Provisional cash bail of ₹15,000 for four weeks.
- Bail to be processed before the Learned Magistrate.
The certified copy of the judgment was issued on May 19, 2022. This decision highlights the court’s consideration of the seizure of the banned products, the completion of a significant portion of the investigation, and the accused’s clear antecedents when granting bail.