SATISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both the sides. The applicant is seeking Anticipatory Bail under Sec. 438 of the Code of Criminal Procedure in connection with Crime No.0165/2020 registered with Chandanzira Police Station, Jalna for the offences punishable under Ss. 188, 272, 273, 328 read with Sec. 34 of the Indian Penal Code and under Ss. 26, 26(2)(i), 26(2) (iv), 27(3)(e) and 59 of the Foods Safety and Standard Act and Sec. 51(b) of the Disaster Management Act, 2005.

(2.) It is alleged that on 20/5/2020 the other two accused were found carrying many packets of Gutkha / scented tobacco worth lakhs of rupees. They were accosted with their vehicle and were arrested. The crime was registered.

(3.) The learned advocate for the applicant submits that the allegations against the applicant are only about he having supplied the goods to the co-accused. The offence punishable under Sec. 328 of the Indian Penal Code is the only non-bailable offence. The other offences being applied are bailable one. He was not present at the spot and has not obstructed the Public Servant. The Provisions of Disaster Management Act would not be applicable against him and even if those are assumed to be applicable, the offence punishable under Sec. 51 of the Disaster management Act is bailable one. The applicant is ready to co-operate the Investigating Officer. There being no allegations about the Gutkha/scented Tobacco having been administered to anybody, the provision of Sec. 328 of the Indian Penal Code is not attracted. The applicant may be granted bail.