Mumbai, Maharashtra – May 6, 2022 – A Mumbai Sessions Court has granted bail to Javed Ahmed Bashir Ahmed Khan, accused of possessing banned pan masala. The court, presided over by Additional Sessions Judge Purushottam B. Jadhav, granted bail citing the lack of criminal antecedents and the accused’s permanent residency in Mumbai.
Javed Ahmed Bashir Ahmed Khan (35), a businessman, was arrested in connection with C.R. No. 457 of 2022, registered at Dharavi Police Station. He was charged under sections 328 (causing harm 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 sections 26(2)(i), 26(2)(iv), 27(3)(d), 23(3)(e), 3(i)(zz)(v), 30(2)(a), and 59 of the Food Safety and Standards Act, 2006.
Details of the Allegations:
According to the prosecution, Khan was found in possession of “Rajashri Pan Masala” worth ₹18,000, which is a banned substance.
Arguments Presented During the Bail Hearing:
Advocate Sharif Shaikh appeared for Khan, while Ld. APP J.N. Suryawanshi represented the prosecution.
The prosecution strongly opposed the bail application, arguing that if released, Khan would continue to deal in contraband articles, tamper with evidence, and abscond. However, they did not provide any supporting material for these claims.
The defense emphasized that Khan had no criminal antecedents and was a permanent resident of Mumbai.
Court’s Reasoning and Decision:
Judge Jadhav, after reviewing the application and the prosecution’s say, noted the lack of material to support the prosecution’s claims.
“However, no material is placed on record in support of the submissions. The applicant has no criminal antecedent. He is permanent resident of Mumbai. Considering these facts, it would be just and proper to grant conditional bail to the applicant,” Judge Jadhav stated in the order.
Conditions of Bail:
The court granted bail to Khan on a personal bond of ₹20,000 with one or more sureties of the same amount, subject to the following conditions:
- He must not tamper with witnesses or evidence.
- He must provide his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
- He must inform the court and the investigating officer of any change in his residence or mobile/contact number.
- He must attend court regularly.
- He must cooperate with the investigating officer.
- Bail shall be furnished before the concerned Metropolitan Magistrate.
Implications of the Decision:
This decision highlights the court’s reliance on concrete evidence and the presumption of innocence. It emphasizes that the prosecution must provide substantial proof to support its claims, especially when opposing bail applications. The ruling also reflects the court’s consideration of the accused’s lack of criminal history and permanent residency when granting bail, balancing the need to uphold the law with the accused’s rights.