Vikas Panditrao Mandi v. The State Of Maharashtra
Wakodikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1314 OF 2019 Vikas Panditrao Mandi ....
Applicant.
V/s.
The State of Maharashtra ....
Respondents.
Mr.Rahul Sopanrao Kate, for the applicant.
APP, Mr.S.R.Shinde for the State.
Investigating Officer, Mr.Ratnadeep Salokhe present. CORAM : N. J. JAMADAR, J.
(Vacation Court) DATED : 13th MAY, 2019.
P.C. :
1.
This is an application under Section 439 of the Code of Criminal Procedure for enlarging the applicant on bail. 2.
The applicant has been arraigned for the offences punishable under Section 188, 272, 273, 328 of Indian Penal Code and Section 26 (2), 26(2)(iv), 27 read with Section 30(2)(A) of Food Safety and Standards Act for having been found in possession of the contraband article i.e. Panmasala. The substance of the prosecution is that on 25/03/2019, Smt.Meghna Pawar, Food Safety Officer, accompanied by the Police intercepted a container bearing registration No. RJ14 JK 3895. Upon search of the said container, it was found that it contained scented panmasala; the manufacture, sale, storage, transportation of which has been prohibited in the State of Maharashtra 1/3
vide Government Resolution dated 20/07/2018. It transpired that the said container was being driven by Nawab Shaukatali Taumar. It was dispatched by Subhash Sharma, owner of Mahalaxmi Transport. The contraband material was to be unloaded in the godown of the applicant. The said material was, thereafter, to be collected by Mahesh Nanwani. The applicant/accused was apprehended from in front of the said godown premises. Upon the first information report lodged by Satish Subhashrao Hake, Food Safety Officer, the applicant came to be arrested on 26/03/2019.
3.
The applicant contends that he has been falsely implicated in the said crime. The applicant is not the owner of the godown in question where the prohibited material was to be unloaded. The applicant has no concern with the alleged transportation, storage and sale of the prohibited material. Even otherwise, the investigation is complete for all purposes. Hence, the applicant be released on bail. 4.
The Investigating Officer Ratnadeep Salokhe has filed an affidavit in reply. It is contended that the investigation revealed that the said material was to be unloaded in the godown of the applicant/accused. Since the applicant/accused was found on the spot where the contraband goods were to be unloaded, the involvement of the applicant cannot be questioned. Moreover, the prime accused Subhash Sharma, who had dispatched the prohibited material is yet to be arrested. Hence the application be rejected. 5.
Heard Mr.Rahul Sopanrao Kate, Learned counsel for the applicant and Learned APP, Mr.S.R.Shinde for the State. 2/3
6.
At the outset, it is pertinent to note that the entire prohibited material has already been seized. The FIR proceeds on the basis that the container loaded with the prohibited material was found in front of the godown of the applicant/accused. It is not the case of the prosecution that any of the prohibited material was, in fact, found stored in the godown of the applicant/accused. Nor it is the case that the contraband material was unloaded in the godown of the applicant. 7.
Having regard to the timelag from the date of the arrest of the applicant and the statement of the Investigating Officer that the investigation qua, the applicant is completed, there does not seem to be any justifiable reason to deny bail to the applicant. Hence, I am inclined to exercise the discretion in favour of the applicant. Thus, the following order;
: ORDER :
(a) The application stands allowed.
(b) The applicant/accused Vikas Panditrao Mandi be released on bail on furnishing a P.R. bond of Rs.20,000/ (Rupees Twenty Thousand only) and a surety in the like amount.
(c) The applicant shall not tamper with the prosecution evidence. (d) The applicant shall attend Sangli Rural Police Station on every alternate Monday from 11.00 a.m. to 1.00 p.m. till filing of the chargesheet.
(e) Bail be furnished before the Learned J.M.F.C., Sangli. (N. J. JAMADAR, J.) 3/3