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Bombay High CourtABA/397/2021allowed

Pranay S/O. Sanjya Kaswate v. The State Of Mah. Thr. Pso Ps Aheri, Tah. Aheri, Dist. Gadchiroli

2021-08-09Hon'Ble Shri Justice Vinay Joshi2 pages

Order 12ABA397

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 397/2021 Pranay S/o Sanjay Kaswate

VERSUS

State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri B. H. Tekam, Advocate for applicant.

Shri M. J. Khan, APP for non-applicant/State CORAM : VINAY JOSHI, J.

DATE : 09.08. 2021.

Heard.

2.

In anticipation of arrest in Crime No.

143/2021 registered with Aheri Police Station, District Gadchiroli for offence punishable under Sections 65(e) and 83 of the Maharashtra Prohibition Act, 1949, the applicant is seeking for pre-arrest protection. The State resisted bail by filing reply-affidavit.

3.

It is prosecution case that on 15.05.2021, the Police raided at the house of co-accused Sharda from where stock of foreign liquor worth Rs. 2,08,800/- was seized. Since possession of liquor was banned at said area, the Police has seized the

Order 12ABA397 liquor stock and investigated the matter. During the course of investigation, co-accused Sharda has stated that applicant has kept liquor stock at her house for sale.

4.

Perusal of case diary discloses that besides statement of co-accused Sharda, there is no other material against the applicant. Already liquor stock has been seized by the Police. There are no criminal antecedents against the applicant to show that he is indulging into similar type of crime. In the circumstances, the applicant can be directed to join the course of investigation by protecting his personal liberty. In view of that ad-interim order dated 05.07.2021 is made absolute with further direction to continue to attend Police Station as directed earlier till filing of charge-sheet.

5.

Application stands allowed and disposed of.

JUDGE Gohane.