Syed Faizan Syed Rasul v. State Of Mah. Thr. Pso Patur Akola

1 ba 681.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 681 of 2021 [Syed Faizan Syed Rasul ..vs.. The State of Maharashtra through P.S.O. Patur, Akola] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. N. Ali, Advocate for the applicant Mr. N. R. Rode, APP for the State/non-applicant CORAM : ROHIT B. DEO, J.

DATED : 26-07-2021 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant is in custody since 22-6-2021 in connection with Crime 408/2021 registered with Patur Police Station, Akola for the offences punishable under Sections 188, 272, 273 and 328 of the Indian Penal Code and Sections 30(2)(a), 3(1)(zz)(v), 26(2)(i), 26(2)(iv) and 59 of the Food Safety and Standards Act.

3.

The allegation is that the applicant is the owner of M/s. S. B. Confessionary and prohibited articles i.e. pan masala (combination of betel leaf and areca nut with or

2 ba 681.2021 without tobacco) and scented tobacco worth 2359/- ⅏1 was recovered from the premises.

4.

The applicant is not involved in similar offences in the past. Considering the relatively small amount of prohibited articles i.e. pan masala (combination of betel leaf and areca nut with or without tobacco) and scented tobacco, there is no purpose in continuing with the incarceration. The application is allowed.

5.

The applicant be released on bail on furnishing PR bond of 15,000/- (Rupees Fifteen Thousand) with ⅏1 solvent surety of like amount on following conditions. (a) The applicant shall not tamper with the evidence or make any attempt to influence the witnesses, directly or indirectly.

(b) The applicant shall not leave the country without the permission of the jurisdictional Court.

3 ba 681.2021 6.

The application is disposed of in the aforestated terms.

JUDGE wasnik