Mumbai, July 27, 2022 – MD Jafar Ashfak Ahmed Shaikh, a 38-year-old labourer, has been granted bail by the Sessions Court in Mumbai in connection with an alleged tobacco supply case. Shaikh was arrested in connection with Crime No. 25/2022 (originally Crime No. 314/2022 registered at D.N. Nagar Police Station), registered with Crime Branch Unit-IX, for offenses 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 Section 59 of the Food Safety and Standards Act, 2006.
The Allegations
According to the First Information Report (FIR), a raid was conducted on March 25, 2022, during which accused Javed Anwarul Haque Shaikh was arrested, and various tobacco products, including pan masala and gutkha, worth Rs. 24,45,564 were seized. MD Jafar Ashfak Ahmed Shaikh was arrested on the allegation that he supplied the seized goods to Javed Anwarul Haque Shaikh.
Shaikh’s Defense and Arguments
Mr. Sharif Shaikh, representing MD Jafar Ashfak Ahmed Shaikh, argued that his client had no connection with the alleged offense. He contended that the offense under Section 328 of the IPC was not attracted, and that the other offenses were bailable. He relied on a judgment of the Bombay High Court (ABA No. 749/2021) and a Supreme Court judgment (Joseph Kurian Philip Jose v. State of Kerala) to argue that mere possession or supply of banned tobacco products does not attract Section 328 of the IPC, which requires the administration of poison with intent to commit an offense. He asserted that there was no allegation of such administration in this case.
Prosecution’s Objections
Ms. Ratnavali Patil, the Additional Public Prosecutor (APP), opposed the bail application, arguing that there were similar offenses registered against Shaikh and that his application should be rejected.
Court’s Observations and Decision
Additional Sessions Judge Shri A.A. Kulkarni considered the submissions from both sides and the documents on record. The court noted that the allegation against Shaikh was limited to the supply of banned tobacco products. The court also observed that there was no allegation of administration with intent to commit an offense, which is required to attract Section 328 of the IPC.
“Therefore, view taken by Hon’ble Bombay High Court and view taken by Hon’ble Supreme Court in case of Joseph Kurian Philip Jose V. State of Kerala, (1994) 6 SCC 535, in present case prima facie no offence under Section 328 of IPC is made out against applicant. Other offences are bailable,” Judge Kulkarni stated in the order.
The court also stated that the mere pendency of other cases was not a sufficient ground to deny bail. The court decided to grant bail to Shaikh.
Bail Conditions
Shaikh was granted bail on a personal bond of Rs. 25,000 and one or two sureties of the same amount. The court imposed the following conditions:
- Shaikh must attend Crime Branch Unit-IX, Mumbai, upon receiving a notice from the Investigating Officer.
- He must provide his residential address proof and contact numbers to the Investigating Officer.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- He must not leave India without prior permission from the court.
- The bail process will be completed before the lower court.
Key Points
- Section 328 IPC: The court found that the offense under Section 328 of the IPC was not made out, as there was no allegation of administration with intent to commit an offense.
- Bailable Offenses: The court noted that the other offenses were bailable.
- Precedent: The court relied on judgments of the Bombay High Court and the Supreme Court.
- No Denial Based on Pending Cases: The court stated that the mere pendency of other cases was not a ground to deny bail.