[Cites 2, Cited by 0]
Bombay High Court
Laxman Kalu Jethanand Lalwani vs State Of Maharashtra Through Police ... on 13 January, 2026
2026:BHC-NAG:593-DB
19 APL 722.25+ another.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 722 OF 2025
1. Laxman @ Kalu Jethanand Lalwani
Aged about 53 years,
Occupation : Business,
R/o Kacchi Kholi, Sindhi Camp,
Akola Tq. And Dist. Akola
2. Manoj @ Nandlal Lalwani,
Aged about: 47 years,
Occupation: Business,
R/o Kachhi Kholi,
Sindhi Camp, Akola Tq. And Dist.
Akola
// V E R S U S //
The State of Maharashtra,
Through the Police Station Officer, NON-APPLICANT
Teosa Police Station,
Dist. Amravati
-------------------------------------------------------------------------------------------
Mr. S.A. Mohta, Advocate for the applicants.
Mr. A.M. Kadukar, APP for non-applicant /State.
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WITH
CRIMINAL APPLICATION (APL) NO. 1081 OF 2025
1. Mohammed Firoz Mohammed
Saddik Punjani,
Aged about 42 years,
Occupation : Business,
R/o Meman Colony, Karanja,
Tq. Karanja Dist. Washim
// V E R S U S //
The State of Maharashtra,
Through the Police Station Officer, NON-APPLICANT
19 APL 722.25+ another.odt
2
Teosa Police Station,
Dist. Amravati
-------------------------------------------------------------------------------------------
Mr. S.A. Mohta, Advocate for the applicants.
Mr. A.M. Kadukar, APP for non-applicant /State.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 13.01.2026
ORAL JUDGMENT :
1. Heard.
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. The present applications are preferred by the
applicants for quashing of the First Information Report in
connection with crime No.308/2025 registered with the non-
applicant No.2-Police Station under Sections 123, 223, 274 and
275 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
'BNS') read with Section 3(5) and 59 of the Food Safety and
Standard Act, 2006 and Rules 2011. The crime is registered on
the basis of report lodged by PSI Mulchand Chandrabhanji
Bhamburkar on an allegation that on 15.04.2025 he received a
secrete information that one container proceeding from Nagpur to
19 APL 722.25+ another.odt
Amravati bearing No.RJ 11GC 0352 is transporting the contra
band articles like scented pan masala and scented tobacco and
therefore, he alongwith other raiding party workers intercepted
said container. On inception of the said truck the driver of the
truck disclosed that they are transporting the toys, school bags
and foot wears. But on inspection of the said truck, the contra
band articles like scented pan masala and scented tobacco like are
found worth of Rs.71,70,000/-. The said stock was immediately
seized in presence of the panchas. On the basis of the said report
police have registered crime against the driver of the said truck
namely Gulab Sarman Aherwar. During interrogation with the
driver of the said truck, the names of the present applicants are
revealed as the purchaser of the said stock and therefore the
present applicants are arrayed as an accused. After registration of
the crime, the Investigating Officer has recorded the statements of
the relevant witnesses. During investigation various statements are
recorded which are placed on record.
4. Heard learned counsel for the applicants who
submitted that the case of the prosecution is that the informant
who is the police officer received a secrete information and on the
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basis of the said secrete information, he has intercepted the truck
and the driver of the truck was taken in the custody as well as the
stock was also seized from the other co-accused. On the basis of
the statement of co-accused the offence came to be registered
against the present applicants in the matter.
5. He further submitted that except the statement of the
co-accused there is absolutely no material to show that
the applicants were the proposed purchasers of the said stock. So
on the basis of the statement of the co-accused, he cannot be
prosecuted in the matter.
6. Per contra, learned APP strongly opposed the same by
stating that the material seized from the main accused is huge in
amount and there are criminal antecedents of similar nature
against the present applicants. After investigation the involvement
of the present applicants is revealed and therefore, a prima-facie
case is made out against the applicants. In view of that
applications deserve to be rejected.
7. After considering the rival submissions of both the
parties and on perusal of the investigation papers, which are
placed on record for perusal, it is clear that truck bearing
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No.RJ11GC0352 was intercepted on the basis of the secrete
information and the contraband articles are seized at the instance
of the co-accused. There is allegation that present applicants are
the proposed purchasers but except the bare statement of the co-
accused, who is the truck driver, there is absolutely no material
collected during the investigation to show the involvement of the
present applicants that they are proposed purchasers. It is well
settled position of law that on the statement of the co-accused, no
offence can be registered against the another accused. In the
present case though it is stated by the learned APP that on the
basis of the statement of the co-accused, the offence is registered
but entire charge-sheet nowhere demonstrated that what other
material has been collected from the applicants. The prosecution
further could not show that the applicants are the proposed
purchasers of the said contraband articles. As such, in absence of
any material on record against the applicants prosecuting under
the offences registered against them would be an abuse of the
process of law. In view of that the applications deserve to be
allowed.
8. Hence, I proceed to pass the following order:-
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ORDER
(i) The Criminal Applications Nos.722/2025 and
1081/2025 are allowed.
(ii) The FIR in connection with crime No.308/2025
registered under Sections Sections 123, 223, 274 and 275 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 read with
Section 3(5) and 59 of the Food Safety and Standard Act,
2006 and Rules 2011 is quashed and set aside to the extent
of applicant Nos.1- Laxman @ Kalu Jethanand Lalwani and
2- Manoj @ Nandlal Lalwani and Mohammed Firoz
Mohammad Saddik Punjani.
9. The criminal applications stand disposed of in
the above said terms.
Pending applications, if any, also stand disposed of.
(URMILA JOSHI PHALKE, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 16/01/2026 15:19:07
