EKNATH BHALCHANDRA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant in Anticipatory Bail Application No.289 of 2023 is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.354 of 2022 registered with Jaikheda Police Station for offences punishable under Sec. 179 , 188 , 269 , 273 , 328 and 34 of the Indian Penal Code, 1860 and under Sec. 23 , 26(2)(i) , 3(1)(zz)(w) , 26(2)(iv) and 59 of the Food Safety and Standard Act, 2006. The applicant in Anticipatory Bail Application No.616 of 2023 is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973 in connection with C.R. No.354 of 2022 registered with Jaikheda Police Station for offences punishable under Sec. 328 , 188 , 272 , 283 read with 34 of the Indian Penal Code , 1860 and under Sec. 26(i) , 3(1)(z)(v) , 26(2)(4) and 59 of the Food Safety and Standard Act, 2006.

(2.) The case of prosecution in short is that on 12/12/2020 at 23.30 hours they seized huge quantity of pan masala (prohibited substances). Based on statement of person from whose custody banned substances were seized, name of the applicants surfaced. The co-accused stated, in his statement, that accused no.4 is supplier and accused no.3 is seller of banned substance.

(3.) Apprehending arrest, the applicants filed applications under Sec. 438 of the Criminal Procedure Code, 1973 before the Sessions Court. The learned Sessions Court rejected the application by orders dtd. 2/1/2023 and dtd. 16/2/2023. Aggrieved thereby, the applicants have filed present anticipatory bail application.