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PRAKASH D. NAIK
Nagesh Rajshekhar Mense – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
PRAKASH D.NAIK,J. - These applications are preferred under Sec. 438 of Code of Criminal Procedure (for short "Cr.P.C.") seeking anticipatory bail in connection with First Information Reports (for short "FIR") for the offences under Ss. 26(2)(iv), 27(3)(d), 27(3)(c), 30(2)(a) and Ss. 3, 59 of the Food Safety and Standards Act, 2006 (for short "FSS Act") and Ss. 188, 272, 273, 328 Indian Penal Code (for short "IPC").
2. Since common issues are involved in all these applications, they were heard together and disposed off by common order.
3. The common grounds urged in these applications seeking anticipatory bail are as follows :
i) Except Sec. 328 of IPC all the other offences are bailable in nature.
ii) The offence under Sec. 328 of IPC is not attracted and applicable in the present cases.
iii) Custodial interrogation of the applicants is not necessary.
4. Learned Advocate in ABA No. 799 OF 2022 submitted that, the applicant is apprehending arrest in C.R. No. 579 of 2021 registered with Jodbhavi Police Station for offences under Ss. 188, 272, 273, 328 of IPC and Sec. 59 of FSS Act. It is submitted that, the applicant was not found in possession of any article. Co-accused has
Section 328 IPC is applicable in cases involving the possession, transportation, and sale of banned substances under the FSS Act.
At stage of investigation, statements of co-accused which gives a link about involvement of suspects cannot be brushed aside.
The High Court retains the power to grant anticipatory bail under S.438 of CrPC for narcotics offences, with no statutory exclusion of its jurisdiction.
Point of Law : Food Adulteration - Negligent act likely to spread infection of disease dangerous to life –Criminal Proceedings Quashed - Act done by petitioners i.e., transportation of khaini and che....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
The exclusion of Section 438 of the CrPC to offences punishable under the UAP Act is absolute. An application for anticipatory bail is not maintainable in respect of offences punishable under the UAP....
Exclusion of anticipatory bail under Section 438 of the Criminal Procedure Code is absolute for offences under the Unlawful Activities (Prevention) Act, necessitating prima facie evidence for conside....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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