Farid S/O Aftab Nurani v. State Of Maharashtra Thr Pso Desaiganj Dist Gadchiroli

2025:BHC-NAG:6028-DB

(1) 941.aba.347.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.347 OF 2025 Farid s/o Aftab Nurani Vs.

State of Maharashtra, through Police Station Officer, Desaiganj, District Gadchiroli -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. K. S. Motwani, Counsel for the applicant. Mr. Anant Ghogre, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/06/2025 1.

The applicant has preferred this application for grant of pre-arrest bail in connection with Crime No.209/2025 for the offence punishable under Sections 123, 223, 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 26(2)(i), 26(2)(iv), 27(3)(e), 3(1)(zz)(iv) and 59 of the Food Safety and Standard Act, 2006.

2.

The applicant is arraigned as an accused as the raid was conducted, as the informant has received a secret information that some contraband articles are transporting in a vehicle bearing registration No.MH 36 F 2189, therefore, the said vehicle was intercepted and the driver was arrested. On the basis of the information given by the driver that vehicle is owned by the present applicant, the

(2) 941.aba.347.2025 crime is registered against the applicant, therefore the applicant is apprehending arrest.

3.

Heard learned Counsel for the applicant, who submitted that as far as the transporting contraband articles are concerned which is by the driver without his knowledge. The entire stock is already recovered, his custodial interrogation is not required. In view of that, he be protected by granting ad-interim anticipatory bail.

4.

Learned APP strongly opposed the said application on the ground that considering the contraband articles were seized from the vehicle which is owned by the present applicant, his custodial interrogation is required.

5.

On hearing both the sides and on perusal of the investigation papers, it reveals that the truck was intercepted by the police and the contraband articles were found in the said vehicle, which are already seized. The involvement appears to be there on the basis of the statement of the co-accused. As far as the custodial interrogation is concerned, which is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(3) 941.aba.347.2025 (ii) The interim protection granted to the present applicant by order dated 16.05.2025 is hereby confirmed on the condition that the applicant shall attend the concerned Police Station once in a week on Wednesday between 10.00 am to 01.00 pm till filing of charge-sheet and shall cooperate with the investigating agency.

(iii) The applicant shall not induce, threat or promise to any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate