Jabid v. The State Of Maharashtra & Anr.
Case at a glance
Outcome
Allowed
In view of above, application stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 188, 272, 273, 328
- Food Safety and Standards Act, 2006 ss. 23, 26(2), 27, 30(2)(a), 59(iv)
Key paragraphs
- Para 66. In view of above, application stands allowed by confirming interim order dated 26th September, 2023. Malani (R. M. JOSHI, J.)
Judgment
Mr. G. L. Deshpande, Advocate for the Applicant. Mr. M. K. Goyanka, Addl PP, for the Respondent – State. ... CORAM :R.M. JOSHI, J DATE :DECEMBER 05, 2023 PER COURT :
Applicant apprehends arrest in connection with with C.R. No. 462 of 2022 registered with Bhokar Police Station, Dist. Nanded for the offences punishable under Sections 328, 272, 273, 188 of the Indian Penal Code, Sections 26(2), 27, 23, 30(2)(a), 59(iv) of the Food Safety and Standards Act, 2006.
On secret information a truck bearing no. RJ- 11-JB-8225 belonging to Applicant was intercepted. It is found that along with other articles contraband pan masala and gutka was transported therein. Since Applicant is the owner of truck he apprehends arrest.
949.odt
Learned Counsel for the Applicant submits that though Applicant is the owner of truck, the truck is hired by the third party for the purpose of transportation of their plastic articles. It is submitted that the Applicant has no personal control over the transportation of the said articles. According to him, this is reflected from the first information report.
Learned APP opposed the application by contending that Applicant owe responsibility of the material transported in his truck. It is also submitted that Applicant hails from State of Haryana whereas truck is registered at State of Rajasthan and hence, it is not a fit case for grant of anticipatory bail.
Perusal of FIR itself indicates that though Applicant is the owner of the truck, articles belonging to the third party were transported therein. There is nothing on record to indicate that the Applicant is the owner of the contraband articles and for that purpose he is transporting the same. In any case, contraband articles are already seized and nothing is to be recovered at his instance. There is no criminal history
949.odt against Applicant.
Operative part
In view of above, application stands allowed by confirming interim order dated 26th September, 2023. Malani
(R. M. JOSHI, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of above, application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 188, 272, 273, 328; Food Safety and Standards Act, 2006 — ss. 23, 26(2), 27, 30(2)(a), 59(iv).
Which court decided this case, and when?
Bombay High Court, on 05 Dec 2023. The bench was R M JOSHI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.