Vazid Ali Abdul Gafur v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 129 OF 2026 (Aniket @ Prakash Sambhaji Kamble Vs. State, thr PSO, PS Samudrapur, Dist. Wardha) and CRIMINAL APPLICATION (ABA) NO. 115 OF 2026 (Rahul s/o Kashinath Dofe Vs. State, thr PSO, PS Samudrapur, Dist. Wardha) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.R. Maddalwar, Advocate for applicant in ABA 129/2026 Mr. P.S. Jaiswal, Advocate for applicant in ABA 115/2026. Ms. M.R. Kavimandan, APP for non-applicant /State. CORAM : M.W. CHANDWANI, J.

DATE : 02.04.2026.

Both the applications are arising out of the same crime and therefore, they are being disposed of analogously. 2.

Heard the learned counsels for the respective parties. I have gone through the case diary.

3.

The applicants are seeking anticipatory bail in connection with Crime No. 10/2026, registered with Police Station Samudrapur, District Wardha, for the offences punishable under Sections 123,318(4), 336(2), 336(3), 340(2), 274,275,223, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 65(e), 77(a), 83 of the Maharashtra Prohibition Act and Sections 3((1)(zz)(iv) (v), 26(2)(i), 26(2)(iv),27(i), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006.

4.

Perusal of the case diary reveals that on 7.1.2026, on receipt of secret information, raid was conducted at the house of

applicant Aniket @ Prakash Kamble. The applicant was not present in the house. In the raid, 1300 bottles containing country liquor 90 ml each, 65 bottles containing foreign liquor 180 ml each were found from the room near the house of applicant Rahul Dofe along with plastic bottle caps on which Royal Stag was mentioned. Likewise, another parcel containing scented tobacco about 50 kgs was also found. The articles were seized and on the complaint of the Food Security Officer, the aforesaid offences came to be registered against applicants. The other coaccused Bhavesh who was working at the instance of applicant Aniket was arrested.

5.

During investigation, the Investigating Agency seized blue coloured FFS Aromatic Photo Electric Control filling and sealing machine for making gutka, glass bottles containing foreign and country liquor, plastic can, packets, gunny bags containing tobacco and gunny bags containing Vimal Pan Masala. The allegation against applicant Aniket is that he along with the other accused was involved in making spurious/fake liquor and Gutka, whereas allegation against applicant Rahul Dofe is that the said articles were seized from the room which was in front of the house of applicant Aniket Kamble.

6.

It appears that all the articles have been seized including the FFS Aromatic Photo Electric Control filling and sealing machine and the plastic can. Nothing more is required to be seized from applicants Aniket and Rahul. The applicants were protected by way of ad interim order with a direction to cooperate with the Investigating Officer. Accordingly, they appeared before the Investigating Officer and cooperated in the

investigation.

In view of the discussion supra, the applications are allowed. Interim orders dated 16.2.2026 in ABA 129/2026 and 10.2.2026 in ABA 115/2026 are hereby confirmed on the same terms and conditions.

The applicants shall attend the concerned Police Station as and when directed by the Investigating Officer. JUDGE Belkhede