Prashant Shashikant Kuchekar vs State Of Maharashtra on 7 June, 2023

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Bombay High Court

Prashant Shashikant Kuchekar vs State Of Maharashtra on 7 June, 2023

Bench: Amit Borkar

2023:BHC-AS:14972
                                                                                       914-aba1524-2023.doc


                            AGK
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                      ANTICIPATORY BAIL APPLICATION NO.1524 OF 2023


                            Prashant Shashikant Kuchekar                  ... Applicant
                                       V/s.
                            The State of Maharashtra                      ... Respondent


                            Mr. Rajesh More, APP for the applicant.
              Digitally
              signed by
              ATUL
     ATUL
     GANESH
              GANESH
              KULKARNI
     KULKARNI Date:
                            Mrs. Veena Shinde, APP for the respondent/State.
              2023.06.08
              10:54:13
              +0530

                            Mr. S.D. Kare, API, Kavthe Mahankal Police Station, is
                            present.


                                                          CORAM   : AMIT BORKAR, J.

DATED : JUNE 7, 2023 P.C.:

1. Apprehending arrest in connection with C.R. No.0170 of 2023 registered with Kavthemahankal Police Station for offences punishable under Sections 188, 272, 273, 328 of the Indian Penal Code and Section 59 of the Food Safety Standard (Prohibition and Restriction of sale) Regulation Act, 2006, the applicant has filed present anticipatory bail application seeking protection from arrest.

2. One Deepak Prakash Gaikwad, Police Constable lodged first information report with respondent/police station on 30 April 2023 at 21.56 hours that one police inspector Mr. Prashant Nishaandaar got a secret information that two trucks loaded with 1 ::: Uploaded on - 08/06/2023 ::: Downloaded on - 08/06/2023 22:29:27 ::: 914-aba1524-2023.doc contraband articles will be passing through the jurisdiction of Kawthemahankal Police Station. Accordingly, he found two trucks bearing registration numbers MH-04-EB-0489 and MH-12-RN-

3203. After intercepting the vehicles from Jat to Nagaj Phata, the driver of one of the vehicle disclosed owner/supplier of contraband articles to be applicant along with two other persons. The contraband articles and vehicles have been seized by the investigating agency.

3. The contraband articles contain following:

"1) 17]50]320@& :- fda 45 [kkdh iksrs- R;koj RS-8.50 new vls fyfgysys vlwu izR;sd iksR;kr 4 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr fuG;k jaxkps foey iku elkyk vls fygysys 52 iqMs izR;sdh fdaer 187@& :i;s izek.ks-

2) 9]36]000@& :- fda 39 [kkdh iksrs- R;koj RS-4 new vls fyfgysys vlwu izR;sd iksR;kr 4 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr yky jaxkps foey iku elkyk vls fygysys 50 iqMs izR;sdh fdaer 120@& :i;s izek.ks-

3) 7]74]400@& :- fda 32 [kkdh iksrs- R;koj RS-2 new vls fyfgysys vlwu izR;sd iksR;kr 50 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr fuG;k jaxkps v-1 tobacco vls fygysys 22 iqMs izR;sdh fdaer 22@& :i;s izek.ks-

4) 2]10]000@& :- fda 7 [kkdh iksrs- R;koj RS-1 new vls fyfgysys vlwu izR;sd iksR;kr 20 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr fuG;k jaxkps v-1 tobacco vls fygysys 50 iqMs izR;sdh fdaer 30@& :i;s izek.ks-

5) 94]380@& :- fda 11 [kkdh iksrs- R;koj RS-1.50 new vls fyfgysys vlwu izR;sd iksR;kr 5 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr fuG;k jaxkps v-1 tobacco vls fygysys 52 iqMs izR;sdh fdaer 33@& :i;s izek.ks-

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6) 69]69]600@& :- fda 160 [kkdh iksrs- R;koj RS-18 new vls fyfgysys vlwu izR;sd iksR;kr 10 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr fuG;k jaxkps foey iku elkyk vls fygysys 22 iqMs izR;sdh fdaer 118@& :i;s izek.ks-

7) 6]75]000@& 15 ika<jh iksrh] izR;sd iksR;kr 6 ika<&;k jaxkP;k xks.;k] izR;sd xks.khr iq"ik xqV[kk vls vlwu 50 iqMs izR;sdh fdaer 150@& :i;s izek.ks-

8) 10]00]000@& ,d yky jaxkpk VkVk daiuhpk vYV~zk 1412 ekWMst] R;kpk uacj MH-12RN 3203 vlk vlysyk Vzd tqokfdav-a

9) 10]00]000@& ,d yky jaxkpk VkVk daiuhpk ekWMsy] R;kpk uacj MH-04 EB 0489 vlk vlysyk Vzd tqokfdav-a ,dw.k & 1]34]09]700@& :i;s"

4. Apprehending arrest, the applicant filed application under Section 438 of the Criminal Procedure Code, 1973 before the learned Sessions Judge, Sangli which was rejected by order dated 16 May 2023. Aggrieved thereby, the applicant has filed present anticipatory bail application.

5. Learned advocate for the applicant submitted that the applicant has been falsely implicated by the lobby in the business of contraband substances (Gutkha). He has lodged 62 first information reports against various persons indulged in sell and supply of contraband. According to him, he has no connection with two other names surfaced in the investigation. He, therefore, submitted that the applicant is ready to cooperate with the investigation and since the contraband articles are seized, custodial interrogation is not necessary.

6. Per contra, learned APP invited my attention to the statement of the witnesses. The supplier of contraband goods 3 ::: Uploaded on - 08/06/2023 ::: Downloaded on - 08/06/2023 22:29:27 ::: 914-aba1524-2023.doc located at Vijapur, Karnataka who has named applicant along with two other persons. She submitted that the persons named by the supplier in his statement have antecedents of similar activities and has been dealing in contraband substance. She invited my attention to the CDR and location report of the applicant to show his involvement with other accused persons. She submitted that considering seriousness of allegations and the gravity of offence, entire chain of manufacturing, transporting, supplying and sell of contraband substance needs to be unearthed. Considering the influential position held by the applicant, it is likely that he will tamper with evidence or witnesses. Therefore, custodial interrogation is necessary.

7. Having heard learned advocates for the parties, in my opinion, unlike other matters involving registration of offence under Section 328 of the Indian Penal Code, 1860 and considering position held by the applicant as that of Food Inspector, it was necessary for him not to indulge in such activities. According to him, he had lodged 62 prosecutions against persons indulged in such activities. The quantity seized in relation to contraband substance is huge. The investigating agency claims to have reason to believe that there is large racket operating in view of seizure of huge quantity of contraband material. Therefore, in my opinion, custodial interrogation of the applicant is necessary to unearth source of acquisition, names and identity of purchases of the contraband substance.

8. In so far as the contention raised on behalf of the applicant that he has been falsely implicated due to registration of 62 first 4 ::: Uploaded on - 08/06/2023 ::: Downloaded on - 08/06/2023 22:29:27 ::: 914-aba1524-2023.doc information reports by him while performing official duty as Food Inspector is concerned, at this stage, I am satisfied that there is no merit in the said contention. The material collected by the investigating officer in the form of CDR and location of the applicant indicates prima facie that the applicant was in contact with the accused nos.5 and 6. The duration of call is also long. Cell phone location shows his presence at Vijapur where the supplier is situated. The material on record indicates that accused no.5 has three similar crimes registered against him for dealing in contraband articles. The applicant is working as Food Inspector in District Solapur. Therefore, the contention on his behalf that he has been falsely implicated cannot be accepted.

9. Learned Single Judge of this Court in Ankush Ankush v. State, thr PSO, reported in 2020 SCC OnLine Bom 11384 has considered the seriousness of consumption of contraband articles. In paragraph 8, the learned Single Judge observed thus:

"8. It is not in dispute that Gutka (chewing tobacco made from crushed areca nut, tobacco, catechu, paraffin wax, slaked lime etc.) and Pan Masala (combination of betel leaf and areca nut with or without tobacco) are seriously detrimental to health and the consumption thereof is identified as a major cause of oral cancer. The said products contain carcinogens and are known to be highly addictive. The State Government has exercised, from time to time, the statutory power under the FSS Act to prohibit the manufacture, storage, distribution and transport or sale of tobacco, whether flavoured, scented or mixed with other ingredients such as nicotine, menthol etc."

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10. Considering the position of the applicant of having lodged prosecution against 62 individuals, apprehension expressed by the investigating agency that considering the influence on the witnesses is borne out of the record. Therefore, in my opinion, the applicant is not entitled to pre-arrest bail.

11. The next contention raised on behalf of the applicant is that no reliance can be placed on the statement of the supplier who is from the State of Karnataka as he is selling Gutkha near the area of operation of the applicant. Since this Court is considering exercise of power under Section 438 of the Criminal Procedure Code, 1973, reliability or veracity of the statement needs to be considered at the stage of trial.

12. The anticipatory bail application, therefore, stands rejected. No costs.

(AMIT BORKAR, J.) 6 ::: Uploaded on - 08/06/2023 ::: Downloaded on - 08/06/2023 22:29:27 :::

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