Navin Deju Poojari v. The State Of Maharashtra

rpa 1/3 24-aba-830-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.830 OF 2020 Navin Deju Poojari .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Osman Chisty, Advocate for the Applicant.

Mr.S.S. Pednekar, APP for the Respondent - State. Mr.Sanjay Wadekar Jawan, B.N. 42, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 19, 2021.

P.C. :

Apprehending arrest in C.R.No.431 of 2020, registered with Excise Police, Flying Squad, Mumbai, under Section 65(a) and (e), 81, 83 and 90 of the Maharashtra Prohibition Act, the applicant is seeking pre-arrest bail. After intercepting the skoda car, fying squad had seized foreign made liquor from car. Driver, Shabin disclosed that, contraband was to be uploaded in the godown of one, Prajeeb Prabhakaran Ajit. In view of this disclosure, Prajeeb Prabhakaran Ajit, came to be by RajeP. Aher Date:

2021.01.20 12:44:45 +0530 uploaded the consignment in the car from a godown situated at RajeP.

Aher arrested. It is unfolded in investigation that, driver Shabin had

rpa 2/3 24-aba-830-2020.doc Daman also owned by Prajeeb Prabhakaran Ajit. However, so far as applicant is concerned, there is no material to show his complicity in supplying the liquor procured from other states, to co-accused Prajeeb, except the statements of co-accused driver and Prajeeb Prabhakaran Ajit.

Applicant was granted interim protection by order dated 14th December, 2020. Learned APP was directed to verify the antecedents of the applicant. Learned APP, on instructions, submits that there are no antecedents against the applicant. The applicant has complied the direction of reporting police station on 18th, 22nd and 29th December, 2020. In the circumstances, custodial interrogation of the applicant is not necessary. Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.830 of 2020, is allowed;

(ii) Interim order dated 14th December, 2020, is confirmed;

rpa 3/3 24-aba-830-2020.doc (iii) In the event of arrest of the applicant in connection with C.R.No.431 of 2020, registered with Excise Police, Flying Squad, Mumbai, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iv) Applicant shall co-operate with the investigating agency and he shall attend the investigating officer, as and when required;

(v) Anticipatory Bail Application No.830 of 2020 stands disposed of accordingly.

(PRAKASH D. NAIK, J.)