Mumbai, February 2, 2022: In a recent legal development, the Sessions Court of Greater Mumbai granted bail to a shop owner accused of selling banned tobacco products, including Gutkha and Pan Masala. The accused, Firoz Halim Khan, was arrested following a police raid conducted on his shop in Wadala on January 21, 2022. He was charged under multiple sections of the Indian Penal Code (IPC) and the Food Safety and Standards Act, 2006.
Case Background
According to the case details, a raid was conducted at approximately 11:30 a.m. on January 21, 2022, based on a secret tip-off. The police searched the accused’s shop in the presence of witnesses and reportedly seized Gutkha and Pan Masala worth Rs.1,936. Following this, an FIR was registered at R.A.K. Marg Police Station under C.R. No.12/2022, invoking IPC Sections 328 (causing harm by means of poison or intoxicating substance), 272 (adulteration of food or drink intended for sale), 273 (sale of noxious food or drink), 188 (disobedience to an order duly promulgated by a public servant), and 179 (refusing to answer a public servant authorized to question). Additionally, the accused faced charges under Sections 26(2)(i), 26(2)(iv) read with 27(3)(e), 3(i)(zz)(v) read with 30(2)(a), and 59 of the Food Safety and Standards Act, 2006.
Court Proceedings and Arguments
The bail application was heard before Additional Sessions Judge B.V. Wagh (C.R. No. 24) on February 2, 2022. The applicant was represented by Advocate Raees Khan, while Additional Public Prosecutor Ratnavali Patil appeared for the state.
During the hearing, the defense argued that although Gutkha and Pan Masala were found in the shop, there was no evidence to suggest that the accused had administered or caused anyone to consume these products. The defense further pointed out that the entire stock had already been seized, and the samples had been sent for chemical analysis. Additionally, it was noted that Khan had no prior criminal record and had been in custody since the day of the raid.
The prosecution contended that the sale of banned tobacco products posed a serious public health risk and warranted stringent action. However, the court found that the investigation had progressed significantly and that the continued detention of the accused was not necessary.
Court’s Decision and Bail Conditions
After considering the arguments from both sides, the court decided to grant bail to the accused. The following bail conditions were imposed:
- The accused, Firoz Halim Khan, was granted bail upon furnishing a Personal Recognizance (P.R.) Bond of Rs.15,000 along with a surety of the same amount.
- He was required to submit proof of his residential address and contact details to the Investigating Officer.
- He was strictly prohibited from making any inducement, threat, or promise to any person associated with the case.
- The accused was barred from leaving India without prior permission from the court.
- Bail formalities were to be completed before the lower court.
With these conditions in place, the bail application was officially disposed of.
Legal Implications and Public Reaction
The case highlights the ongoing crackdown by law enforcement agencies on the sale of banned tobacco products in Mumbai. The state government has imposed strict regulations to curb the availability of harmful substances like Gutkha and Pan Masala, citing their detrimental effects on public health. The bail order indicates that while enforcement remains stringent, the judiciary assesses each case based on individual circumstances, including the strength of the evidence and the necessity of detention.
As the case progresses, legal experts and public health advocates will be closely watching the proceedings. The final outcome will likely set a precedent for similar cases involving the sale of prohibited substances.
Conclusion
While the court’s decision to grant bail ensures that the accused remains available for trial, it also underscores the importance of upholding legal rights and due process. Whether this case leads to a conviction or an acquittal, it serves as a reminder of the ongoing efforts to regulate and enforce food safety laws in India.
