Under which circumstances the court should release accused on anticipatory bail in offences relating to seizure of prohibited articles?

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It appears from the investigation papers

that the present applicant used to give delivery of banned

tobacco articles to the other accused persons. There appears

substance in the learned advocate for the applicant that the

applicant has only delivered banned tobacco produces, apart

from that he has not played active any active role in the

alleged offence.

5. The applicant was granted interim protection and he

has co-operated in the investigation, and nothing is to be

recovered from the applicant. In the facts of the present case,

pre-tiral custodial detention of the applicant is not necessary.

6. In the result, the application is allowed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

 BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.140 OF 2023

Rupesh Vishnudas Malpani  Vs  The State of Maharashtra

and another 

 [CORAM : NITIN B. SURYAWANSHI, J.]

 DATE : 20th FEBRUARY, 2023

1. The applicant apprehends his arrest in connection

with Crime No.13 of 2023 registered with Kallamb Police

Station, District Osmanabad for offences punishable under

sections 188, 272, 273, 328 read with 34 of the Indian Penal

Code.

2. FIR is lodged Navnath Dattoba Khandekar, Police

Constable alleging that on secret information raid was

conducted at Shubham Kirana Store owned by Shrinivas

Karva, wherein huge quantity of banned tobacco products

worth Rs.19,090/- were found stored. The said tobacco

products were seized by the Investigating Officer. On further

inquiry, it was revealed that huge quantity of banned

substances was kept in the house of Shrinivas, and accordingly

raid was carried out. Accused No.2 Shubham, son of accused

No.1 Shrinivas was found in possession of tobacco products

worth Rs.1,87,020/-, which was also seized. During the inquiry

of accused No.2, it was revealed that said goods were supplied

by the applicant. Some of the contraband goods were also

stored in the house of Manoj Malpani. Accordingly, raid was

conducted, and banned tobacco products worth Rs.1,49,170/-

were found at the premises of accused No.3 Manoj Malpani.

Applicant is stated to be main supplier of the banned articles.

3. Heard learned advocate for the applicant and learned

Additional Public Prosecutor for the State. Perused the

investigation papers.

4. Main accused Nos. 1 to 3 are arrested, and were

remanded to police custody, and thereafter, they are in

Magisterial custody. It appears from the investigation papers

that the present applicant used to give delivery of banned

tobacco articles to the other accused persons. There appears

substance in the learned advocate for the applicant that the

applicant has only delivered banned tobacco produces, apart

from that he has not played active any active role in the

alleged offence.

5. The applicant was granted interim protection and he

has co-operated in the investigation, and nothing is to be

recovered from the applicant. In the facts of the present case,

pre-tiral custodial detention of the applicant is not necessary.

6. In the result, the application is allowed. In the event

of arrest of applicant in connection with Crime No.13 of 2023

registered with Kallamb Police Station, District Osmanabad for

offences punishable under sections 188, 272, 273, 328 read

with 34 of the Indian Penal Code, the applicant shall be

released on bail on executing Personal Bond of Rs.15,000/-

with one surety in the like amount.

7. Till filing of the charge sheet, the applicant shall

attend the concerned police station as and when called by the

investigating officer and co-operate in the investigation. The

applicant shall not tamper the prosecution evidence.

 [ NITIN B. SURYAWANSHI ]

 JUDGE

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