KONAN KODIO GANSTONE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I had privilege to read the Judgment of Brother Hon'ble Shri Justice T.V.Nalawade. While pronouncing the Judgmente it was observed that I agree with the operative part of the Judgment but I do not agree with some reasoning and the reasons were reserved. Nowe I proceed to give the reasons.

(2.) The petitioners in Writ Petition Nos.548 of 2020, 552 of 2020 and 554 of 2020 are prosecuted for the ofences punishable under Sections 188, 269, 270 and 290 of the Indian Penal Code (IPC), Sections 37(1)(3) r/w. 135 of Maharashtra Police Acte 1951, Section 11 of the Maharashtra Covid-19 Measures and Rulese 2020, Sections 2, 3 and 4 of Epidemic Diseases Act, 1897e Section 14(b) of Foreigners Act, 1946 and Section 51(b) of the Disaster Management Act, 2005.

(3.) The material placed on record does not show that when the foreign nationals landed in Indiae they were infected with Covid-19. Similarlye the material placed on record does not show that the foreign nationals violated visa conditions. Visiting religious places does not amount to violating visa conditions. The statements of the witnesses recorded during the investigation do not show that the foreign nationals were propagating religion. Continuation of prosecution against the petitioners in these circumstances would be an abuse of process of Court. Since none of the ofences under the aforesaid Sections are made oute the charge-sheets deserve to be quashed. Thereforee I agree with all the observations of my learned Brother except the observations contained in paragraph No.35. Paragraph No.35 reads as under: