SAMBHAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant - accused has moved this application seeking anticipatory bail on an apprehension of arrest in connection with the offences registered u/s. 188, 272, 273, 328, 34 of the IPC and u/s. 26 [2] [6], 27 [2] [E], 30 [2] [A] r/w. 59 [6] of the Food Safety and Standards Act , 2006, vide C.R. No. 454/2019 with Nanalpeth Police Station, Parbhani.

(2.) Heard learned counsel for the applicant-accused and learned APP representing the respondent - State.

(3.) In brief, it is the contention of the learned counsel for the applicant that the entire accusation against the applicant is without basis. The applicant is implicated in the case only for the reason the vehicle in which alleged contraband article i.e. Gutka was seized owned by the applicant. It is contended that the applicant is running travel agency at Shrigonda, Dist. Ahmednagar. The vehicle in question was taken by the accused no.1 for carriage of the passengers. The vehicle was inspected by police at Parbhani. At the time of inspection it was found that 24 bags of Gutka containing Goa 100 pouches worth Rs.3,24,480/- transported by said vehicle. The alleged seizure was made in between the night of 25.10.2019 and 26.10.2019. However, the first information report was lodged on 01.11.2019 against Shaikh Farooque Ahmed Shaikh Iqbal, the person who was driving the vehicle and carrying alleged contraband article [Gutka]. The name of the applicant not mentioned in the First Information Report.