Final Order 1

Order Details: Copy of Order - 1
Pdf Text: - 1 of 6 - (COMMON ORDER ON C.C. NO.515/BA/2026 AND 522/BA/2026)
Bail Order in 515/BA/2026 AND 522/BA/2026 in CR.
No.521/2026 of Shivajinagar Police Station, Mumbai
The State (Through – PS. Shivajinagar) Vs 1. Dattaram Vishwanath
Rane, No.2 Anandkumar Laltaprasad Chaurasiya and No.3 Ganesh
Vithoba Kanade
(A) CASE DETAILS:
FIR NUMBER & DATE 521/2026, DATED 16.06.2026
POLICE STATION, DISTRICT
AND STATE
PS.Shivajinagar ,
Dist. - Mumbai, State – Maharashtra.
SECTION INVOKED S.123, 223, 274 and 275 of the BNS & for
contravention of provisions of the Food Safety and
Standards Act, 2006 punishable under Section 59
of the Food Safety & Standards Act, 2006.
MAXIMUM PUNISHMENT
PRESCRIBED
Upto 10 years of Imprisonment and fine.
(B) CUSTODY & PROCEDURAL COMPLIANCE :
DATE OF ARREST 17.06.2026
TOTAL PERIOD OF CUSTODY
UNDERGONE
03 Days.
(C) STATUS OF TRIAL:
Stage of proceedings
(Investigation/Charge-sheet/Cognizance/Framing of
Charges/Trial)
Investigation.
Total number of witnesses cited in the charge-sheet --
Number of prosecution witnesses examined --
(D) CRIMINAL ANTECEDENTS:
FIR No. & Police Station --
Sections --
Status (pending/Acquitted Convicted --
(E) PREVIOUS BAIL APPLICATIONS:
Court In the Court of Hon’ble
Sessions Court, Mumbai.
Case No. --
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Outcome of case --
(F) COERCIVE PROCESSES:
Whether any Non-Bailable Warrant was issued --
Whether declared a proclaimed offender --
COMMON ORDER PASSED ON BAIL APPLICATIONS
1. The Bail Application No.515/BA/2026 is filed by accused
No.1. Dattaram Vishwanath Rane & No.2 Anandkumar Laltaprasad
Chaurasiya and Bail Application No.522/BA/2026 is filed by accused
No.3 Ganesh Vithoba Kanade for grant of bail under Section 480 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No.521/2026 under
Section 123, 223, 274 and 275 of the BNS & for contravention of
various provisions of the Food Safety & Standards Act, 2006 punishable
under Section 59 of the Food Safety & Standards Act, 2006.
2. Perused the applications, remand papers and say of I.O.
and the learned APP. Heard the learned APP on behalf of the State and
learned defense counsel for the accused. The learned APP has opposed
to present applications on the ground that the offences levelled against
the accused are serious in nature. According to her, the contraband
articles are declared as unsafe food keeping in view the general health
and safety of public at large. It is treated as a most hazardous food
article, the regular consumption whereof is bound to result into death.
Prima facie case is made out as quantity of 9,727	₹ /-, 9,228/- and	₹
₹3,328/- of contraband articles found from the possession of the
accused No.1 to 3 respectively. The offence under Section 123 of BNS is
exclusively triable by the Hon'ble Court of Sessions. Therefore, this
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Court has no jurisdiction to decide the present application. Lastly, she
has submitted that, the investigation is in progress and if the bail is
granted, accused may commit similar offence in future. Hence, she
prayed for rejection of this applications. The I.O. has resisted the
applications on the ground that, if the applicants/accused are released
on bail, they may commit similar offence and may tamper with the
prosecution witnesses and may threaten to them.
3. On the contrary, the respective learned defence counsels
has vehemently argued that though Section 123 of BNS is triable by the
Hon'ble Court of Sessions, but it is not prima-facie attracted as there is
no attempt of administering or causing to be taken poison or such
alleged substance. They have further submitted that Section 223, 274
and 275 are also not prima-facie made out against the accused,
therefore, this Court has every jurisdiction to grant bail of accused. They
have further submitted that the accused are law abiding persons. They
are permanent residents of Mumbai. The applicants/accused are falsely
implicated in this case. The accused are ready to abide any condition,
which will imposed by this Court.
4. It is submitted by the learned Counsel for the accused that,
the Hon’ble Bombay High Court in
Anand Ramdhani Chaurasiya Vs.
State of Maharashtra (Criminal Writ Petition No.3607 of 2019) and
Ganesh Pandurang Jadhao Vs. State of Maharashtra (Criminal Writ
Petition No.1027 of 2015), has held that, mere transportation/
possession of contraband articles would not attract Section 328 of
Indian Penal Code (Now, Sec.123 of the BNS).
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5. In aforesaid judgments, the Hon'ble Bombay High Court
has negatived the applicability of Section 328 of the IPC for mere
possession or transporting of prohibited food articles like
Pan Masala
and
Gutkha. However, the Hon’ble Apex Court in
State of Maharashtra
Vs. Anand Ramdhani Chaurasiya (SLP No.004101/2020) and
State of
Maharashtra Vs. Ganesh Pandurang Jadhao (SLP No.005861/2020),
has stayed the operation of judgments of the Hon’ble Bombay High
Court in
Anand Chaurasiya and Ganesh Jadhao (cited supra). Hence,
the issue of applicability of Section 328 of the IPC is now under
consideration before the Hon'ble Apex Court.
6. It is the contention of the prosecution that Section 123 of
BNS is triable by the Hon'ble Court of Sessions, therefore, this Court has
no jurisdiction to release to the accused on bail. In this regard, the
Hon’ble Apex Court in the case of
Prahlad Singh Bhati Vs. N.C.T. Delhi
and Another in Appeal (Crl. No.324 of 2001) dated 23.03.2001 has
observed that,
“Even though there is no legal bar for a Magistrate to
consider an application for grant of bail to a person who is arrested for
an offence exclusively triable by Court of Sessions yet it would be
appropriate that in such a case Magistrate directs the accused person to
approach the Court of Sessions for the purpose of getting the relief of
bail”. It is imperative to mention here that, the offence punishable
under Section 123 of BNS is punishable with imprisonment upto ten
years. Therefore, as per the ratio laid down by the Hon’ble Apex Court,
this Court is empowered to release an accused, charged with an offence
punishable under Section 123 of BNS (Corresponding Section 328 of
IPC).
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7. After perusing of remand papers, it appears that the
investigating machinery has already seized contraband articles from the
possession of accused and the samples have been drawn. It is significant
to note that the seized contraband articles are in possession of the
Investigating Officer. Furthermore, the remand application shows the
detail address of the accused persons is available with the investigating
machinery. Hence, there is less possibility of absconding of the accused.
Mere, Section 123 of BNS is triable of Hon'ble Court of Sessions, it is
not the ground to reject the bail of the accused, especially when, the
issue of applicability of Section 123 of BNS for possession /
transportation of contraband articles i.e. Gutkha, Pan Masala and
Scented Tobacco, is pending before the Hon’ble Apex Court. The
custodial interrogation of the applicants/accused is already over. So far
as the fact that the investigation is in progress, necessary conditions can
be imposed while considering the prayer for bail. Hence, this Court is of
the view that there is no special reason to keep the accused behind the
bars. It is to be noted that possibility as to tampering evidence or
inducement or threat to the person acquainted to the fact of the case
can be avoided by imposing conditions upon the accused. Hence, it is
justifiable to release the accused on bail, subject to some stringent
conditions. Accordingly, this Court proceeds to pass following order.
ORDER
1. The Bail Applications are allowed.
2. Accused No.1. Dattaram Vishwanath Rane, No.2 Anandkumar
Laltaprasad Chaurasiya and No.3 Ganesh Vithoba Kanade be
released on bail on executing P.B. and Surety bond of ₹10,000/-
(Rs. Ten Thousand Only) each with one surety or on Cash Security
of 10	₹ ,000/- (Rs. Ten Thousand Only) each, subject to following
stringent conditions :
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a. The applicants/accused shall not hamper or tamper the material
evidence of the prosecution;
b. The applicants/accused shall not pressurize to the informant and
prosecution witnesses;
c. The applicants/accused shall make themselves available for the
purpose of investigation as and when required by the Investigation
Officer;
d. The applicants/accused shall not abscond and furnish their address
proof-copy of Ration Card, mobile number and mobile number of
their close relative with name and address of the said relative;
e. The applicants/accused shall not indulge themselves in similar type
of offence.
(P. P. Deshmukh)
Judicial Magistrate F. C.,
Date: 20.06.2026 46th Court, Mazgaon, Mumbai.
RRRT.
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