In this anticipatory bail application, the applicant sought protection under Section 438 CrPC while facing charges for transporting prohibited gutkha. The prosecution alleged the applicant was absconding. The application was rejected.
Anticipatory bail application rejected; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
21 ABA 951 OF 2014
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.951 OF 2014
Hanumant @ Dada Nivrutti Chavan .. Applicant. V/s. The State of Maharashtra .. Respondent.
Mr. Rajesh Shivaji Jadhav, for the Applicant. Ms. Alpa Javeri, APP for the respondent State.
CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 4th August, 2014
P.C.
This application is moved by the
applicant accused for anticipatory bail under
Section 438 of the Code of Criminal procedure,
as the applicant with co-accused is prosecuted for the offence punishable under Sections 188, 273, 328, read with 34 of the
Indian Penal Code and also under Sections
3(9), 22, 30 (2)A, 26(2)(I), 26(2)(II) and 27
of the Food Safety and Standard Act, 2006, in
Page No.1 of 4
C.R.No.28 of 2014, registered with Mohol
Police Station.
Food Inspector under Food Safety and Standard Act, is the first informaant. It is the case of the prosecution that on 24.06.2014, she received intimation that one Eicher Tempo No.MH-13/R-3940 is going to carry
unauthorisedly gutkha and therefore, she alongwith the staff stopped at Toll Naka near Mohol, District: Solapur. At that time, they saw the tempo and they asked the driver to stop the tempo. On inspection they found the information received by them about
transportation of prohibited gutkha was true. They seized the prohibited gutkha valued to Rs.24,14,000/- under panchnama. During the course of investigation, they found that the brother of the applicant accused who was carrying that Gutkha in Eicher tempo unathorizedly from Hyderabad, was
Page No.2 of 4
21 ABA 951 OF 2014
apprehended. It was followed by a Bolero jeep
bearing No.MH-13/5155, driven by present applicant. The applicant accused was transporting the said gutkha towards Pandharpur. It is the case of the prosecution that on seeing the Eicher tempo, it was
stopped and police raided the said vehicle, the applicant accused who was carrying gutkha
in the Bolero jeep, ran away alongwith gutkha and his vehicle. He is absconding.
accused submitted that the applicant has not committed any offence. he was not carrying any gutkha at the relevant time. He is falsely implicated in this case on suspicion. He is prosecuted only because he is brother of Nana Nivrutti Chavan the co-accused.
application relied on the statement of witnesses. She submitted that the applicant
accused has also committed similar type of
Page No.3 of 4
offence and she produced copy of earlier F.I.R. No.211 of 2013 registered at Tembhurni
Police Station against present applicant on 2.12.2013, for the similr type of offence. He has history of committing offences. She
Maharashtra has issued G.R. prohibiting and eating, distributing and selling tutkha.
investigation papers which are relied upon by the learned APP. Prima facie it appears that
the applicant accused is involved in carrying
guthks which is prohibited item from Hyderabad to Pandharpur and he is absconding alongwith his Bolero car which was allegedly carrying guthkha. The police are justified in seeking custodial interrogation of the applicant. Application is rejected.
(MRS. MRIDULA BHATKAR, J.)
Page No.4 of 4
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant accused who is alleged to be absconding with prohibited gutkha during investigation.
Whether the presence of history of offences and prima facie involvement in criminal activity justifies the grant of bail.
3 provisions across 3 enactments
Hanumant @ Dada Nivrutti Chavan
The State of Maharashtra
Mridula Bhatakhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
