Mumbai, March 5, 2024 – Samir Aslam Khan (23), Rahul Sanjay Rai (29), and Imran Nasir Khan (39) have been granted bail by the Sessions Court for Greater Bombay in a case involving the smuggling of pan masala. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on February 27, 2024.
The three men were arrested in connection with C.R. No. 1097/2023, registered at the CSMT Railway Police Station, for offenses under Sections 420 (cheating and dishonestly inducing delivery of property), 328 (causing hurt by means of poison, etc., with intent to commit offense), 188 (disobedience to order duly promulgated by public servant), 273 (sale of noxious food or drink), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and Section 30(2)(A), 3(1)(ZZ)(IV), 3, and 59 of the Food Safety and Standard Act, 2006.
Background and Allegations:
On December 27, 2023, railway officers at CSMT Railway Station discovered 28 bags of pan masala worth Rs. 17,52,325 in a parcel bogie of the Up Rajdhani Express. The parcel was booked in the name of Akshay Bhopali.
Imran Nasir Khan was arrested based on CCTV footage, and Samir Aslam Khan and Rahul Sanjay Rai were arrested on suspicion of dealing with the sale and purchase of the pan masala, specifically for receiving the parcel and arranging further delivery.
Arguments Presented:
Advocate Sherif Shaikh, representing the accused, argued that his clients were falsely implicated and had fully cooperated with the investigation. He emphasized that they had been in custody since February 13 and 14, 2024, had undergone custodial interrogation, and that no further recovery was pending. He also highlighted that they were permanent residents of their given addresses.
Additional Public Prosecutor (APP) Iqbal Solkar opposed the bail, arguing that the accused’s release would increase the risk of them absconding or tampering with evidence.
Court’s Reasoning and Decision:
Judge Sasne noted that no further recovery was pending from the accused and that they had been arrested on February 11 and 13, 2024. The court also considered the applicability of Section 328 of the IPC, citing several judgments that addressed the issue in similar cases. The court acknowledged that the issue of the applicability of section 328 is subjudice before the Hon’ble Supreme Court.
The court also considered that the Hon’ble Bombay High Court had allowed anticipatory bail in cases involving offenses under Sections 328, 272, and 273 of the IPC.
Considering the nature of the offenses and the fact that no further recovery was pending, the court decided to grant bail to the accused.
Bail Conditions:
The three men were granted bail upon furnishing a personal bond and surety bond of Rs. 25,000 each. The following conditions were imposed:
- The accused must not tamper with prosecution witnesses or evidence.
- They must regularly attend the concerned police station on the 1st and 4th Saturday of each month for the next two months or until the charge sheet is filed, whichever is earlier.
- They must furnish surety within four weeks of their release, failing which their provisional cash bail will be forfeited.
- They must not leave India without prior permission from the court.
- Bail to be furnished before the concerned Magistrate.
Order Details:
The order was dictated on February 27, 2024, transcribed on March 1, 2024, and signed on March 5, 2024. The certified copy was uploaded on March 5, 2024, at 5:25 p.m.
This decision reflects the court’s consideration of the lack of pending recovery, the nature of the offenses, and the imposition of conditions to ensure the accused’s compliance with the legal process.