Allowed

Mosin Mumtaz Pathan v. the Commissioner of Police, Aurangabad

Bombay HC29 Nov 2023ABA/1267/2023

Case brief

AI extract

What is this about?

This is an anticipatory bail application regarding seizure of gutka and pan masala from an unowned vehicle. The court allowed the application, confirming an interim order, noting the pending apex court issue on Section 328 IPC and lack of absconding risk.

What did the court decide?

Anticipatory bail application allowed by confirming the interim order dated 02nd August, 2023.

Mosin Mumtaz Pathan Vs the Commissioner of Police, Aurangabad — Narcotics (NDPS) | Bombay HC (2023)

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910-ABA-1267-2023.odt

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2023:BHC-AUG:25074

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO. 1267 OF 2023

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Mosin Mumtaz Pathan

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...Applicant

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VERSUS

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The Commissioner Of Police, Aurangabad
& Anr

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...Respondents

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...

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Mr. A. R. Borulkar, Advocate for the Applicant.
Mr. S. B. Jadhav, APP, for the Respondent – State.
...

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CORAM:R.M. JOSHI, J
DATE:NOVEMBER 29, 2023

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PER COURT :

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1.Applicant apprehends arrest in connection with
with C.R. No. 135 of 2023 registered with Jinsi Police
Station, Dist. Aurangabad for the offences punishable
under Sections 328, 188, 272, 273, 279 read with
Section 34 of the Indian Penal Code and Section 132 of
Motor Vehicle Act.

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2.On 11.05.2023 contraband Gutka and pan masala

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was seized from the vehicle bearing no. MH-20-BY-9646.
The said contraband articles worth Rs. 2,50,000/-.

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3.Learned Counsel for the Applicant states that
vehicle from which articles are seized does not belong

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Page 1 of 2

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910-ABA-1267-2023.odt

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to the Applicant. According to him, nothing is to be
recovered from the Applicant as seizure has already
been done at the spot.

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4.Learned APP opposed the application by
contending that the Applicant is close relative of the
owner of the vehicle and since he was accompanying the
co-accused, he is equally responsible for the offence
in question.

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5.The issue about the applicability of Section
328 of IPC for gutka and pan masala is pending before
Hon’ble Apex court. The contraband articles are already
seized. Vehicle from which seizure is done does not
belong to the Applicant. There is nothing on record to
indicate that any other offence of similar nature is
registered against Applicant. He is not likely to
abscond.

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6.In view of above, application is allowed by
confirming interim order dated 02nd August, 2023.

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 (R. M. JOSHI, J.)

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Malani

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Page 2 of 2

Mosin Mumtaz Pathan v. the Commissioner of Police, Aurangabad

Case brief

What is this about?

What did the court decide?

Mosin Mumtaz Pathan v. the Commissioner of Police, Aurangabad

Case brief

What is this about?

What did the court decide?

What the court decided

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