Jaiprakash Atmaram Modi v. State Of Maharashtra Thr. Police Station Officer, Police Station Desaiganj Wadsa Dist. Gadchiroli

1 aba353.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.353/2017 Jaiprakash Atmaram Modi ..Vs..

State of Maharashtra, through its Police Station Officer, Police Station Desaiganj-Wadsa, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shashikant Borkar, Adv. for the applicant. Shri T.A. MIrza, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 24.7.2017.

Heard.

Apprehending arrest in connection with Crime No.241/2017 registered against the applicant for the offence punishable under Sections 65(e), 83 and 98(1) (c) of the Maharashtra Prohibition Act, the applicant has sought pre-arrest bail.

It is alleged that on getting information 2 four wheelers were intercepted within territorial jurisdiction of police station Desaiganj and on search, liquor worth Rs.7,50,000/- is seized from those vehicles, that co-accused Vinod, Sanghapal, Maksood and Ringdeo were arrested and during interrogation they revealed that liquor is purchased by them from the applicant. It is alleged that liquor was being taken to Gadchiroli where sale of liquor is prohibited.

2 aba353.17 According to the investigating agency, the applicant's wife is having license in her name for running government shop at village Saundad, Distt. Gondia for sale of country liquor and applicant is looking after the business.

The application is opposed on the ground that investigation is going on and custody of applicant is required to unearth certain information. By order passed on 26th May, 2017 this Court has granted interim protection to the applicant with directions to the applicant to attend the police station. The investigating agency has not complained that the applicant has not complied with the order or has not co-operated with it. The applicant, aged about 61 years, claims to be a businessman and has stated that he is not involved in any other crime / offence.

Considering the facts of the case, the order passed by this Court on 26th May, 2017 granting protection to the applicant is confirmed. The application is allowed accordingly.

JUDGE Tambaskar.