Allowed

Shaikh Asif Samad v. the State of Maharashtra

Bombay HC12 Jul 2023ABA/651/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding arrest apprehension for offences related to Gutkha manufacturing/selling, the Court allowed bail directing the applicant to appear before the police, cooperate with investigation, and observe several conditions including bond submission and restricted contact with witnesses.

What did the court decide?

Applications allowed; bail granted on furnishing PR bond of Rs. 15,000 each with one surety; conditions to appear once a week, not contact witnesses, and cooperate with investigation imposed.

Shaikh Asif Samad Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2023)

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929-ABA-651-2023+.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.651 OF 2023

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WITH ABA/785/2023 WITH ABA/786/2023

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SHAIKH ASIF SAMAD

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VERSUS
THE STATE OF MAHARASHTRA

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...

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Advocate for Applicant : Mr. C. C. Deshpande h/f Mr. A.
K. Bhosle

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APP for Respondents: Mrs. G. L. Deshpande

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...

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CORAM:R.M. JOSHI, J
DATE:JULY 12, 2023

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PER COURT :

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1.Applicant apprehends arrest in connection with
with C.R. No. 233 of 2023 registered with MIDC Waluj
Police Station, Dist. Aurangabad for the offences
punishable under Sections 188, 272, 273, 328 read with
Section 34 of the Indian Penal Code and Section 59 of
Food Safety and Standards Act, 2006.

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2.Learned Counsel for the Applicants states that

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the issue as to whether the offence punishable under
Section 328 of IPC would attract to Gutkha is pending
before the Hon’ble Apex Court. He further states that
since the entire recovery is already done, custodial
interrogation of the Applicants is not necessary.

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Page 1 of 3

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929-ABA-651-2023+.odt

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3.This contention is opposed by learned APP by
submitting that the investigation needs to be done in
order to find out the source of the said Gutkha. She
further states that huge quantity of contraband is
seized and hence, applications be rejected.

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4.At this stage, it cannot be said that the
offence punishable under Sections 328 of IPC, would
attract in the present case. As far as the recovery is
concerned, the entire contraband articles were seized
during the raid. Nothing is to be recovered at the
instance of Applicants. So far as further investigation
is concerned, in order to find out the source of the
said contraband, appropriate direction to the
Applicants to appear before the investigating officer
would be sufficient.

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5.Hence, the order:

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(i)Applications are allowed.

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(ii)In the event of arrest the Applicants in
connection with with C.R. No. 233 of 2023
registered with MIDC Waluj Police Station,
Dist. Aurangabad for the offences punishable
under Sections 188, 272, 273, 328 read with
Section 34 of the Indian Penal Code and

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Page 2 of 3

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929-ABA-651-2023+.odt

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Section 59 of Food Safe and Standards Act,
2006, they shall be released on bail on
furnishing PR bond of Rs. 15,000 (Rupees
Fifteen Thousand Only) each with one solvent
surety in the like amount.

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(iii)They shall attend the concerned police station once in a week.

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(iv) They shall not contact the witnesses directly or indirectly.

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(v) They shall not interfere with the evidence in any manner whatsoever.

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(vi) They are further directed to cooperate the investigating agency for further investigation.

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 (R.M. JOSHI, J.)

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Malani

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Page 3 of 3

Shaikh Asif Samad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shaikh Asif Samad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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