SAYYED AARIF SAYYED UMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant in Anticipatory Bail Application is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.I-107 of 2023 registered with Malegaon Police Station, Nashik for offences punishable under Ss. 188 , 269, 272, 273, 328 of the Indian Penal Code, 1860.

(2.) The case of the prosecution in short is that on 22/5/2023 at about 10:15 pm, at Shivaji Maharat Statute, near Pivala Petrol Pump, on Mumbai-Agra Road,m Malegaon, one parrot colour vehicle came from Daregaon village towards Mosam bridge, Malegaon. They gave signal and stopped the said vehicle there when the driver and one person from the said vehicle stopped it there and started to run away. They disclosed their names as Sanjay Bhagwan Chavan and Baban Sambhaji Khairnar. According to prosecution on verifying the said vehicle, they found packets of Scented Panmasala, Gutkha, VI Big Tobaco, Keshar Panmasala, V-1 Tobacco and other articles along with TATA Parrot colour Vehicle total worth of Rs.1,78,400.00. They seized the contrabaned articles and said vehicle. The accused stated, in his statement, that the applicant is supplier of banned substance.

(3.) Apprehending arrest, the applicant filed application under Sec. 438 of the Criminal Procedure Code, 1973 before the Sessions Court. The learned Sessions Court rejected the application by order dtd. 12/6/2023. Aggrieved thereby, the applicants have filed present anticipatory bail application.