SHAILESH BHANWARLAL BHANDARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the anticipatory bail applications under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C." for the sake of brevity) are against 3 FIRs i.e. (i) FIR no. 11216025210042/2021 with Santej Police Station, Gandhinagar for the offence under Ss. 65A, 65(e), 116B, 81, 98(2) of the Prohibition Act, was registered on 4/2/2021 at 12.05 hrs. The said FIR is with the allegation that about 898 bottles of 220 country liquor and foreign liquor, worth Rs.33,71,016.00 were found at the parking shade of Electrotherm (India) Ltd. in Eicher vehicle no. GJ-18 U-8593; (ii) FIR no. 11216025210044/2021 registered with Santej Police Station, Gandhinagar for the offence under Ss. 65A, 65(e), 116B and 81 of the Prohibition Act was registered on 4/2/2021 at 17.40 hrs. with the allegation that 64 bottles of country liquor and foreign liquor worth Rs.81,404.00 were found at A/3-1, Ganesh Enclav, Village Palodiya;

(2.) Learned Senior Advocate Mr. B.B. Naik for the appellant - Shailesh Bhanwarlal Bhandari submits that as per the FIR no. 11216025210042/2021, while complainant was on patrolling, he has received an information from his superior officer that GST officer of Ahmedabad were conducting the raid under the GST Act in Electrotherm (India) Ltd. at Palodiya Village and for that purpose, for law and order, provision under PCR-246 of In-charge ASI, Amratbhai Raychandbhai, buckle no.1155 was sent and as per the mobile information, in parking cum wooden parking area of Electrotherm (India) Ltd. at Village Palodiya, Eicher vehicle was containing boxes of Electrotherm (India) Ltd. and that in the earlier area, boxes were filled up with papers while interior on being checked, the boxes were found having liquor and therefore, the complainant was instructed to verify and according to the instructions, he had come with 5 Unarmed Head Constables and on verification, he found that Eicher vehicle was covered with tarpaulin and the registration number of the vehicle was GJ-18 U-8593. Mr. Naik submits that on verification, two of the Panchas were called at the place but both the Panchas were not from the nearby area nor from the same village rather from Village Khatraj and Santej and submits that it is Cr.P.C., where the officer has to ensure that two independent and respectable inhabitants of the locality are called during the search. Mr. Naik submits that the whole procedure was in contravention of Sec. 100 of the Cr.P.C. Further, referring to the FIR, he submits that raid of GST officer was in process and Eicher vehicle was searched and about 50 boxes were found which were carried to the Police Station. Mr. Naik submits that the whole procedure is faulty and that has created doubt in registration of the FIR as no Panchnama has been conducted at the place of incident as alleged which is a parking cum wooden parking area of the Company which according to Mr. Naik is not in the premises of the Company. Mr. Naik submits that the applicant is Managing Director of Electrotherm (India) Ltd. and he cannot be made vicariously liable for any such act, where the Company has more than 1200 workers vehicles which are driven by various drivers going all over India. Mr. Naik further submits that at the relevant time, there was GST raid, which itself suggests that the Company was under investigation and search was conducted by the officers. He further submits that there has been series of litigations between the brothers who are also Directors of the Company. It is submitted that both the families of the brothers are in inimical relationship and the dispute is regarding holding the management of the Company.

(3.) Senior Advocate Mr. Naik submits that the Company is well known for manufacturing Induction Furnace TMT bars, DI pipe in the world. The turnover of the Company is 3,199 crores and more than 5000 direct and indirect employees are connected with the Company and the applicant, as Managing Director of the Company, would not have any personal knowledge of the activities of the employees of the Company. Senior Advocate Mr. Naik submits that at present the applicant is aged 64 years of age and is suffering from various medical ailments. He has suffered from heart attack and due to which stent has been inserted in his heart and is suffering from Compressive Myelopathy at thoracic and cevical levels. The applicant had undergone surgery of Dorsal spine surgery in September, 2016 and thereafter, surgery of Cervical corpectomy and cervical plating in November, 2016 at Zydus hospital and thereafter, in December, 2019 primary progressive Multiple Sclerosis, due to which the applicant is facing difficulties in walking and is taking long treatment and follow up at various hospitals. Brother of the applicant - Dr. Nagesh Bhandari who is surgeon is also treating the applicant and has certified that the applicant is suffering from various other ailments.