Bombay High Court
Mohammad Haseen Sageer Ahmad vs The State Of Maharashtra Thr Pso., Ps ... on 25 November, 2025
2025:BHC-NAG:12859
1 12-ba-1218-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Application (BA) No. 1218 of 2025
Mohammad Haseen Sageer Ahmad
Versus
The State of Maharashtra through Police Station Officer, Police Station
Kapil Nagar, Dist. Nagpur
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri A.S.Band, Advocate for the applicant.
Shri Vinod Thakare, APP for the non-applicant/State.
CORAM : NIVEDITA P. MEHTA, J.
DATED : 25th NOVEMBER, 2025.
The present bail application has been filed
by the applicant under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS
2023") for grant of regular bail in connection with
Crime No. 705 of 2025 dated 08.10.2025 registered at
Police Station Kapil Nagar, Nagpur, for offences
punishable under Sections 123, 247, 275, 223 of
Bharatiya Nyay Sanhita, 2023 (hereinafter "BNS
2023"), and Section 59 of the Food Safety and
Standards Act, 2006, along with Section 4 read with
Section 25 of the Indian Arms Act, 1959, read with
Section 135 of the Maharashtra Police Act, 1951.
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2. The prosecution case, in brief, is that on
07.10.2025, PSI Ganesh Kadam, Crime Branch Unit-5,
Nagpur, received secret information while on patrolling
duty that the accused, Mohammad Hasin Mohammad
Shagir Ahmed, was allegedly in possession of a huge
stock of prohibited scented tobacco at Kamgar Nagar
Colony, Near Gausiya Masjid, Galli No.1, Plot No. 733,
Nagpur. Upon conducting a raid at the spot, a
substantial quantity of prohibited scented tobacco,
including various brands and packaging, amounting to
approximately Rs. 2,30,674/-, was seized from a Sumo
Four Wheeler vehicle bearing registration No. MH40 Y-
6138. Accordingly, a report was lodged, and the
investigation was initiated.
3. Learned counsel for the applicant, Shri
Band, submitted that the applicant is not directly
involved in the alleged crime and has been falsely
implicated. It is contended that all contraband material
was seized from the premises and the vehicle, and
nothing incriminating was recovered from the present
applicant. He further submitted that a subsequent FIR
No. 708 of 2025 has been registered concerning the
same alleged offence. Reliance was placed on the
judgment of the Hon'ble Supreme Court in T.T.
Anthony v. State of Kerala, (2001) 6 SCC 181, wherein
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it was held that a second FIR registered on the same
cause of action is not permissible.
4. Per contra, Shri Thakare, learned Additional
Public Prosecutor, submitted that the applicant, along
with his brother, was allegedly running a store of
contraband articles, and the seized materials were used
in the preparation of prohibited mixtures. It was further
submitted that the premises were also inspected by the
Food Safety Officer, and contraband was seized. The
investigation is at an advanced stage and is expected to
conclude within 10-15 days. He further contended that
the applicant's role in the sale or purchase of contraband
has not yet been fully established, and thus, release on
bail at this stage may impede the investigation.
5. Upon considering the rival contentions and
perusal of the record, it is observed that only Section
123 of BNS 2023 has been invoked with respect to the
present applicant. Section 123 criminalizes the
administration of poison or stupefying, intoxicating, or
unwholesome substances with intent to cause hurt or
facilitate the commission of an offence. On a prima facie
reading of the material, none of the ingredients of this
section are attracted to the present applicant. Further,
the Hon'ble Supreme Court in Special Leave to Appeal
(Cri.) No. 8431 of 2021, while interpreting pari materia
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Section 328 of the IPC, has considered granting bail in
analogous circumstances.
6. Considering the above, and taking into
account the nature of allegations, the stage of
investigation, and the fact that contraband material has
already been seized, I am satisfied that the applicant has
made out a case for grant of bail.
7. Accordingly, the application is allowed. The
applicant shall be released on bail in connection with
Crime No. 705 of 2025, subject to the following
conditions:
ORDER
i. Applicant - Mohammad Haseen Sageer
Ahmad be released on bail in connection with Crime
No. 705 of 2025 dated 08.10.2025 registered at Police
Station Kapil Nagar, Nagpur for the offence punishable
under Sections 123, 247, 275, 223 of Bharatiya Nyaya
Sanhita, 2023 and Section 59 of Food Safety and
Standards Act, 2006 long with Section 4 read with
Section 25 of the Indian Arms Act read with Section
135 of Maharashtra Police Act, 1951., on his furnishing
P.R.Bond in the sum of Rs.25,000/- (Rupees Twenty
Five Thousand only) with one surety in the like amount.
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ii. The applicant shall not in any way tamper
with the prosecution evidence or pressurize or threaten
the prosecution witnesses.
iii. The applicant shall attend the concerned
Police Station as and when called by the Investigating
Officer and shall co-operate with the investigation till
filing of the charge-sheet.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
SKNair
Designation: PS To Honourable Judge
Date: 25/11/2025 16:17:17
