GUDDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant in each Anticipatory Bail Application is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.230 of 2023 registered at Nashik Road Police Station, District Nashik dtd. 18/5/2023 for offences punishable under Ss. 328, 272, 273, 328 read with Sec. 34 of the Indian Penal Code, 1860 and under Sec. 26(2)(i)(v) , 27(3)(e), 3(1)(zz)(iv) and 59 of the Food Safety and Standards Act, 2006.

(2.) The case of prosecution is that on a complaint received from Manohar Shinde, Head Constable alleging sale of contraband substance. On 17/5/2023 at 10.30 p.m. they reached the spot when accused No.2 came to the spot on a black splendor and handed over one white gunny bag to the accused No.1 who is present in Amol General Stores. The investigating agency intercepted the accused No.2 and seized the bike and gunny bag. They also seized the gunny bag from Amol General Stores and found contraband substances such as pan masala and gutkha, flavoured pan masala was found in the bags. Accordingly, report was lodged.

(3.) Apprehending arrest, the applicants filed applications under Sec. 438 of the Criminal Procedure Code, 1973 before the Sessions Court. The learned Additional Sessions Judge-2, Nashik rejected the application by order dtd. 19/6/2023. The applicant has, therefore, filed present anticipatory bail application.