Nitin Jagannath Bothe vs The State Of Maharashtra
2022 Latest Caselaw 8553 Bom

                                                                    9ABA1157.22
                                      (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

           9 ANTICIPATORY BAIL APPLICATION NO.1157 OF 2022

                             NITIN JAGANNATH BOTHE
                                      VERSUS
                           THE STATE OF MAHARASHTRA

 Mr N.B. Narwade, Advocate for applicant;
 Mr S.B. Narwade, A.P.P. for respondent

                                     CORAM : S. G. MEHARE, J.

DATE : 29th August, 2022

P.C.

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondent, returnable on 12.9.2022.

3. The learned A.P.P. waives service of notice for the respondent.

4. The learned counsel for the applicant has vehemently argued

that no offence as alleged is made out. The procedure followed by

the Drug Inspector is prima facie against the law. To bolster his

argument, the learned counsel relied upon the judgment dated

12.6.2020, rendered by the Division Bench of this Court in the case of

Arjun s/o Maruti Magar vs. The State of Maharashtra & another

(Criminal Writ Petition No.1371 of 2017). He further argued that the

Drug Inspector has concluded, barely on the invoice which was

standing in the name of the applicant that the applicant is the culprit.

The applicant has no concern at all with the alleged consignment. He

9ABA1157.22

has explained to the Assistant Commissioner of Food & Drugs and

made the submissions in detail. He has also referred to the

observations recorded by the learned Additional Sessions Judge and

vehemently argued that the learned Additional Sessions Judge has

committed a serious error of law in not granting anticipatory bail to

the applicant.

5. The learned A.P.P. seeks time to go through the material and the

papers.

6. Considering the arguments advanced by the learned counsel for

the applicant and the fact that the applicant was already on interim

protection as per the order of the learned Additional Sessions Judge,

the interim protection is granted to him.

In the event of arrest, the applicant Nitin S/o Jagannath Bothe,

be released on interim bail, on executing PB and SB of Rs.50,000/-

with one solvent surety of the like amount, in F.I.R. bearing C.R.

No.0325 of 2022, registered with M.I.D.C. Police Station,

Ahmednagar, for the offence punishable under Sections 19-A, 18-C,

22, 27, 28 of Drugs and Cosmetics Act, 1940 and Sections 420, 468,

471 read with Section 34 of the Indian Penal Code.

(S. G. MEHARE, J.)

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