Bombay High Court
Ajay S/O Vishandas Kamnani vs State Of Maharashtra Through Police ... on 12 August, 2025
Author: Anil L. Pansare
Bench: Anil L. Pansare
2025:BHC-NAG:7962-DB
-1- 11.APL.750.2025 J. & Anr..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 750 OF 2025
APPLICANTS : 1. Ajay S/o. Vishandas Kamnani, Aged
about : 49 Years, Occ: Business, R/o.
Flat No. 201, Honey Ritika Apartment,
Ambedkar Square, Nagpur.
2. Surya Prakash S/o. Raj Narayan
Deleted as per Court's Pandey, Aged about : 50 Years, Occ:
Order dt. 12/08/2025.
Business, R/o. C/o. Raj Narayan
Pandey, 13-18/39, Nakshatra Colony,
Siddanthi, Shamshabad, K.V.
Rangareddy, Telangana - 501218.
3. Arvind Santosh Mishra, Aged about 43
Years, Occ: Business, R/o. C/o. Santosh
Mishra, 32, Bhaisaha, Thana,
Bailariyaganj, Bhaisha, Azamgarh,
Uttar Pradesh - 276139.
4. Deepak S/o. Ramdas Kothari, Aged
about : 60 Years, Occ: Business, R/o.
CTS No.72A, Kothari House, Mittal
Park Layout, Near Godrej Bungalow,
Vile Parle (West), Mumbai Tq. & Distt.
Mumbai.
//VERSUS//
NON-APPLICANTS : 1. State of Maharashtra, through Police
Station Officer, Ballarpur Police
Station, Ballarpur, Distt. Chandrapur.
2. Food Safety Officer, Food and Drug
Administration (M.S) Chandrapur.
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WITH
CRIMINAL APPLICATION (APL) NO. 724 OF 2025
APPLICANTS : 1. Ajay S/o. Vishandas Kamnani, Aged
about : 49 Years, Occ: Business, R/o.
Flat No. 201, Honey Ritika Apartment,
Ambedkar Square, Nagpur.
2. Surya Prakash S/o. Raj Narayan
Deleted as per Court's Pandey, Aged about : 50 Years, Occ:
Order dt. 12/08/2025.
Business, R/o. C/o. Raj Narayan
Pandey, 13-18/39, Nakshatra Colony,
Siddanthi, Shamshabad, K.V.
Rangareddy, Telangana - 501218.
3. Arvind Santosh Mishra, Aged about 43
Years, Occ: Business, R/o. C/o. Santosh
Mishra, 32, Bhaisaha, Thana,
Bailariyaganj, Bhaisha, Azamgarh,
Uttar Pradesh - 276139.
4. Deepak S/o. Ramdas Kothari, Aged
about : 60 Years, Occ: Business, R/o.
CTS No.72A, Kothari House, Mittal
Park Layout, Near Godrej Bungalow,
Vile Parle (West), Mumbai Tq. & Distt.
Mumbai.
//VERSUS//
NON-APPLICANTS : 1. State of Maharashtra, through Police
Station Officer, Ballarpur Police
Station, Ballarpur, Distt. Chandrapur.
2. Food Safety Officer, Food and Drug
Administration (M.S) Chandrapur.
------------------------------------------------------------------------------------------------
Mr. S.A. Mohta, Advocate for the Applicants.
Mr. K.R. Lule, APP for the Non-applicants/State.
------------------------------------------------------------------------------------------------
-3- 11.APL.750.2025 J. & Anr..odt
CORAM : ANIL L. PANSARE AND M.M. NERLIKAR, JJ.
DATED : 12th AUGUST, 2025.
ORAL JUDGMENT (PER : ANIL L. PANSARE, J.)
Leave to delete the name of applicant No.2 is granted.
Amendment be carried out forthwith.
2. Heard. Issue Rule, returnable forthwith. Mr. K.R. Lule,
learned A.P.P waives service for the non-applicants/State. With
consent of the learned counsel for the parties, the applications are
taken up for final hearing.
3. The issue involved in both the applications is identical and
therefore both the applications are being disposed of by common
judgment. For the sake of convenience, the facts of Criminal
Application (APL) No.750/2025 are being considered.
4. The application is filed to quash the First Information
Report registered vide Crime No.978/2023 for the offences
punishable under Sections 188, 272, 273 and 328 of the Indian Penal
Code, 1860 read with Sections 26(1), 26(2)(i), 26(2)(iv), 30(2)(a)
and 59 of the Food Safety and Standards Act, 2006, with further
prayer to quash and set aside the Charge-sheet filed vide Charge-sheet
No.157/2024 and pending before the Judicial Magistrate First Class,
Ballarpur, District Chandrapur.
5. The accusation against the applicants is that they are
owners of pan masala, which is manufactured in the name of 'Sagar'.
The consignment of pan masala for Rs.68 lakhs approximately was
being transported from Beder, State of Karnataka, to certain
destination, which is not disclosed in the FIR nor the counsel is in a
-4- 11.APL.750.2025 J. & Anr..odt
position to name the destination. The same may not be relevant. What
is relevant is that two trucks carrying the aforesaid consignment were
travelling through Ballarpur, District Chandrapur. The trucks were
intercepted by Ballarpur Police. The pan masala was seized. The
drivers of the said trucks informed the Investigating Agency that
applicant Nos.1, 3, 4 and one Suryaprakash Pandey are owners of pan
masala. The drivers are made accused, and since two trucks were
intercepted, two separate first information reports were registered.
6. The learned counsel for the applicants submits that, except
for such a statement of co-accused i.e. drivers, there is absolutely no
evidence to show that these three persons are owners of the
consignment. He has invited our attention to the statement of the
Manager, working with the company owned by Mr. Suryaprakash
Pandey, who is the manufacturer of 'Sagar Pan Masala'. The witness
stated that he does not know the applicant Nos.1, 3 and 4 amongst
others. Thus the Manager of the company, where the pan masala is
manufactured, has stated that he does not know the applicants.
7. The learned A.P.P. did not show any other evidence that
would connect applicants with the crime. The invoice that was seized
by the Investigating Agency would show that the consignment was
'poha' and not the 'pan masala'. The name of company viz. Sunder &
Company appears on the invoice. The consignee is Arora Traders at
Madhya Pradesh. This consignment, in our view, is not sufficient to
connect the applicants with the crime.
8. Put altogether, except for the statements of the co-accused
i.e. drivers, there is absolutely no evidence against the applicants to
show that either they are owners of 'Sagar Pan Masala' or any nexus
with the consignment that was being transported through the trucks
-5- 11.APL.750.2025 J. & Anr..odt
that were intercepted by Ballarpur Police. Further, registration of two
separate first information reports for the same offence is also not
justified by the non-applicants.
9. In other words, even if the prosecution case is accepted to
be true, no offence is made out against the applicants. In the
circumstances, continuation of proceeding against them is a futile
exercise and will amount to abuse of process of law.
10. Accordingly, criminal applications are allowed. The First
Information Report Nos.978/2023 and 979/2023 dated 20/09/2023,
registered with Police Station Ballarpur, District Chandrapur, for the
offences punishable under Sections 188, 272, 273 and 328 of the
Indian Penal Code, 1860 read with Sections 26(1), 26(2)(i), 26(2)
(iv), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006, are
quashed and set aside. In sequel, the Charge-sheet Nos.157/2024 and
158/2024 dated 02/04/2024, pending before the Judicial Magistrate
First Class, Ballarpur, District Chandrapur, are quashed and set aside.
11. Rule is made absolute in aforesaid terms.
12. Pending applications, if any, also stand disposed of.
(M.M. NERLIKAR, J.) (ANIL L. PANSARE, J.)
Vijaykumar
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 13/08/2025 18:35:07
