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Bombay High CourtABA/92/2026allowed

Gajanan S/O Chandrabhan Sutar v. State Of Maharashtra Thr Pso., Ps Khandala, Dist. Yavatmal

2026-02-23Hon'Ble Shri Justice M. W. Chandwani2 pages

2026:BHC-NAG:3221 1 59 aba92.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 92 OF 2026 GAJANAN S/o CHANDRABHAN SUTAR

VERSUS

STATE OF MAH, THRU. P.S.O., P.S., KHANDANA, DIST. YAVATMAL ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. S. A. Mohta, Advocate for the applicant Mr. N. S. Autkar, A.P.P. for the non-applicant/State. CORAM : M. W. CHANDWANI, J.

DATE : FEBRUARY 23, 2026.

1.

Heard Mr. S.A. Mohta, learned counsel for the applicant and Mr. N. S. Autkar, learned APP appearing for the State. Perused the case diary.

2.

The applicant is apprehending arrest in connection with Crime No. 457/2025, registered with Police Station, Khandala, Dist. Yavatmal, for the offences punishable under Sections 123, 274, 275 and 223 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 26(2), 27(3), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006.

3.

It appears that the co-accused was selling contraband articles on his motorcycle. Therefore, a raid was conducted and the co-accused was apprehended. The contraband scented tobacco was seized from him. The coaccused was arrested and during interrogation, he named the present applicant as a person from whom he purchased the contraband articles.

2 59 aba92.26.odt 4.

The contraband articles have already been seized by the police which shows that most part of the investigation is already over.

Considering the allegations against the applicant, no custodial interrogation of the applicant is necessary.

5.

The applicant was protected by interim order of this Court dated 06.02.2026 with a condition to attend the concerned police station. The applicant has attended the concerned police station and cooperated in the investigation.

6.

Considering the nature of allegations and the fact that the investigation is almost complete, a case is made out for confirmation of the interim order dated 06.02.2026.

7.

Accordingly, the criminal application is allowed. 8.

The interim protection granted to the applicant vide order dated 06.02.2026 is hereby confirmed on the same terms and conditions, except condition no.(ii). 9.

The applicant shall attend the concerned police station as and when called by the Investigating Officer. 10.

The application stands disposed of in the aforesaid terms.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 24/02/2026 20:27:21