Mohammad Salman Mohammad Rafiq v. The State Of Maharashtra And Another

922-ABA-1424-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1424 OF 2022 Mohammad Salman Mohammad Rafiq .... Applicant

Versus

The State of Maharashtra and another .... Respondents .....

Mr. Chaitanya C. Deshpande, Advocate for the Applicant Mr. V.S. Badakh, APP for Respondents - State .....

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23rd NOVEMBER, 2022 ORDER :

1.

The applicant apprehends his arrest in connection with Crime No. 0238 of 2022 registered with Mohadi Police Station, District Dhule for the offence punishable under sections 188, 272, 273, 328 read with 34 of the Indian Penal Code and sections 26(2)(iv), 27(3)(d), 27(3)(e), 30(2)(a), 59(ii) of Food Safety and Standards Act.

2.

It is alleged in the FIR that prohibited articles Pan Masala and Jarda were found in the truck bearing No. MH 48/AG-9847, which is owned by the applicant. Both the driver and cleaner ran away from the spot. Subsequently, the driver was arrested, who happens to the real brother of the applicant. The truck is seized.

922-ABA-1424-22 3.

Having heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondents - State and after going through the papers of investigation, the custodial detention and/or interrogation of the applicant does not appear necessary. The issue in respect of the applicability of Section 328 of the Indian Penal Code and similar cases is sub judice before the Apex Court and interim protection is granted in those matters.

4.

Considering the fact that the truck is seized and contraband articles were recovered and nothing is to be recovered from the applicant, the applicant deserves protection.

5.

The application is, therefore, allowed by confirming the interim order.

6.

Till filing of the charge sheet, the applicant shall attend the concerned police station as and when called by the investigating officer and co-operate in the investigation. The applicant shall not tamper the prosecution evidence. [NITIN B. SURYAWANSHI] JUDGE S.P. Rane