Basayya Gurayya Zalaki @ Zalakimath v. The State Of Maharashtra And ANR.

37-ABA-119-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.119 OF 2026 Basayya Gurayya Zalaki @ Zalakimath ... Applicant

Versus

The State of Maharashtra and another ... Respondent *** Mr. Adinath Jagtap, for the Applicant.

Mr. S.H. Yadav, A.P.P, for Respondents - State. Mr. Amol Kisan Mane, A.P.I, Akkalkot Sought Police Station present. *** by SHAILAJA SHRIKANT HALKUDE Date:

2026.04.21 17:39:14 +0530

CORAM

: M. W. CHANDWANI, J.

SHAILAJA SHRIKANT HALKUDE DATE:

: 20th APRIL, 2026.

P. C. :

1.

The Applicant is apprehending arrest in connection with Crime No.13 of 2026 registered with Akkalkot South Police Station, District Solapur for the offences punishable under sections 123, 223, 274, 275 of Bhartiya Nyaya Sanhita, 2023 and sections 26 (2) (i), 26 (2) (ii), 26 (2) (iv), 27 (3) (e), 30

(2) (a) and 59 of the Food Safety and Standards Act, 2006. 2.

Heard the learned counsel for the Applicant and learned A.P.P, for the Respondents - State.

3.

Ashok Leyland Tempo bearing registration No. KA-32D-2936 was intercepted by Akkalkot (South) Police Station, District Solapur and "scented Shailaja

37-ABA-119-2026.doc tobacco" valued at Rs.10,22,000/- was seized by the police. Intimation of the seizure was given to the Food Safety Officer as well as to the applicant, who was stated to be the driver of the said vehicle. However, the applicant failed to remain present, despite such intimation. Since the said contraband, namely "scented tobacco," was recovered from the vehicle allegedly driven by the applicant, pursuant to the complaint lodged by the Food Safety Officer, an F.I.R. came to be registered against the applicant. 4.

It appears that the raid has already been conducted and the entire contraband i.e scented tobacco has already been seized. Nothing is required to be seized from the Applicant and therefore, custodial interrogation may not be required.

5.

The Applicant was granted interim protection by order dated 26th March, 2026 with a direction to attend the concerned Police Station as and when called by the Investigating Officer. The Applicant has attended the concerned Police and co-operated in the investigation. 6.

Considering this aspect, a case is made out for confirmation of the interim order dated 26th March, 2026. Hence, the following order: (i) The interim order dated 26th March, 2026 is hereby confirmed. (ii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

7.

With this, the Application stands disposed of. [M. W. CHANDWANI, J.] Shailaja