Ganesh Pandurang Jadhao And Anr vs The State Of Maharashtra & Ors on 15 October, 2020
6. On the other hand, learned Public Prosecutor referring to the
principle laid down in the State of Maharashtra v. Sayyed Hassan
Sayyed Subhan1 by the Hon'ble Supreme Court and in Ganesh
Pandurang Jadhao v. The State of Maharashtra2 and Anand
Ramdhani Chaurasia v. The State of Maharashtra3 by the Bombay
High Court would submit that police are having power to register
cases under various provisions of IPC, COTP Act, ED Act and DM
Act. There is no irregularity in registering crimes, seizing material
including the vehicles and laying charge sheet against respective
accused in the aforesaid crimes / calendar cases. According to him,
the accused were transporting, possessing, storing, selling and
purchasing the banned products viz., tobacco / tambaku / gutka /
khaini / zarda / pan masala respectively. According to him, the
accused have to face either investigation or trial and prove their
innocence, and instead of doing so, they have filed the present
criminal petitions under Section - 482 of Cr.P.C. which cannot be
considered at this stage.