Virendra Chandrakant Kale vs The State Of Maharashtra
2023 Latest Caselaw 7219 Bom

2023:BHC-AS:19939
                                                                           906-aba659-2023.doc


                    AGK
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                         ANTICIPATORY BAIL APPLICATION NO.659 OF 2023


                    Virendra Chandrakant Kale                   ... Applicant
                               V/s.
                    The State of Maharashtra                    ... Respondent


                    Mr. Prashant S. Hagare for the applicant.
                    Mrs. Rutuja Ambekar, APP for the respondent/State.



                                                CORAM : AMIT BORKAR, J.

                                                DATED     : JULY 19, 2023
                    P.C.:

1. Apprehending arrest in connection with C.R. No.94 of 2023 dated 30 January 2023 registered Loni-Kalbhor Police Station, Taluka Haveli, District Pune for the offences punishable under Sections 188, 272, 273, 328 read with 34 of the Indian Penal Code, 1860 with Sections 30(2)(a), 26(2)(i), (26)(2)(iv) of the Food and Safety Standards Act, 2006, Rules 2, 3, 4 read with 3(i) (zz) read with 59 of Prohibition and Registration of Sales Rules, 2011, the applicant is seeking relief of pre-arrest bail under Section 438 of the Criminal Procedure Code, 1973.

2. The case of prosecution is that on 28 January 2023 Unit of complaint received information about abscond accused and while on patrolling at about 23.45, they found pick up jeep parked and on suspicion inquired with driver and accompanied person and at

906-aba659-2023.doc

the same time one pick up jeet went towards Solapur Side. On being chased that pick-up jeet, they found contranand substances in large quantity.

3. Apprehending arrest, the applicant filed application under Section 438 of the Criminal Procedure Code, 1973 before the Sessions Court. The learned Sessions Court rejected the application by order dated 3 February 2023. The applicant has, therefore, filed present anticipatory bail application.

4. Learned advocate for the applicant submitted that the applicant has not been named in the first information report. He has been falsely implicated. According to him, thee is no material to show that the applicant has administered contraband substance. The prohibited substances has been seized and, therefore, custodial interrogation of the applicant is not necessary. He is ready to cooperate with the investigation.

5. Per contra, learned APP opposed the anticipatory bail application. She submitted that there are criminal antecedents to the discredit of the applicant. Learned APP submitted that the applicant is in the business of selling prohibited substances. It is necessary to unearth traces of larger supply of banned substances. She submitted that the coordinate Benches of this Court in case of Sagar Sadashiv Kore v. State of Maharashtra reported in 2021 SCC OnLine Bom 6568 and in Ankush v. State, through PSO, reported in 2020 SCC OnLine Bom 11384 and Pathan Shafi Khan Rehemat Khan v. State of Maharashtra reported in 2021 SCC OnLine Bom 13367 and unreported

906-aba659-2023.doc

judgment of this Court in Anticipatory Bail Application No.483 of 2021 (Mohammed Ali Raheman Alias Mohammed Ali Abdul Raheman Shaikh v. The State of Maharashtra) decided on 24 March 2021 refused to grant pre-arrest protection to the applicants therein having similar role attributed to the applicants therein.

6. I have considered the submissions on behalf of both the sides. Prima facie, prohibited substance was seized from co- accused who named the present applicant. Considering the nature of allegations against the applicant, it is necessary that detailed investigation as regards existence of any racket operating in prohibited substance need to be investigated. It is also necessary to investigate source of such supply and acquisition. It is also necessary to investigate into the names and identity of purchasers of the prohibited substance from the applicant. There are criminal antecedents to the discredit of the applicant.

7. Learned Single Judge of this Court in Ankush (Supra) in paragraph 8 observed thus:

"8. It is not in dispute that Gutka (chewing tobacco made from crushed areca nut, tobacco, catechu, paraffin wax, slaked lime etc.) and Pan Masala (combination of betel leaf and areca nut with or without tobacco) are seriously detrimental to health and the consumption thereof is identified as a major cause of oral cancer. The said products contain carcinogens and are known to be highly addictive. The State Government has exercised, from time to time, the statutory power under the FSS Act to prohibit the manufacture, storage, distribution and transport or sale of tobacco, whether flavoured, scented or mixed with other ingredients such as nicotine, menthol etc."

906-aba659-2023.doc

8. The coordinate Bench has relied upon an unreported judgment of the Division Bench of this Court (Aurangabad Bench) in the case of Zahir Ibrahim Panja v. State of Maharashtra in Criminal Application No.4968 of 2016.

9. In the case of Pathan Shafi Khan Rehemat Khan (supra), co-ordinate Bench of this Court has conisered the issues of applicability of Section 328 of the Indian Penal Code. I respectfully agree with the views taken by the co-ordinate Bench.

10. The anticipatory bail application, therefore, stands rejected. No costs.

(AMIT BORKAR, J.)