1 CR.APL NO.1849/2011 & 1850/2011

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

906. APPLN/1849/2011 GAURAV PRAKASH CHAWALA

[Criminal]

V/S THE STATE OF MAHARASHTRA AND ANR

WITH

APPLN/1850/2011

PRAKASH GOPALDAS CHAWALA

V/S THE STATE OF MAHARASHTRA AND ANR

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Office notes, office Memoranda of Court’s or

Coram,appearances, Court’s orders

Judge’s

or directions and Registrar’s orders

Orders

Mr. C.R.Deshpande, Adv., for the

applicants.

Mr. V.H.Dighe & Mr.N.B.Patil,

APPs, for State.

...

CORAM: K.U.CHANDIWAL, J.

DATE:4/5/2011

1.

Heard Shri Deshpande for the

applicant extensively and learned A.P.P.

2.

Mr.Deshpande submits that the

accused/applicants are transporters and

have seldom any role in the affairs of

the illegal transport of "Goa 1000"

Gutkha and, indeed, knowledge cannot be

attributed to the accused/applicants.

These assertions of the learned Counsel

are contrary to the record. The

transportation carried by the applicant

was without any valid receipt, his firm,

to which Mr.Deshpande has given

2 CR.APL NO.1849/2011 & 1850/2011

reference, has no registration number.

The godown where the goods were found,

belongs to the accused/applicants.

Stacking of Goa 1000 Guthaka boxes cannot

be said to be without any knowledge.

Sai Logisticks Pvt.Ltd. to which

reference was given by Mr.Deshpande, has

no legal identity nor any permission is

rendered in favour of the said firm.

3.

Taking these aspects of the

matter into consideration, the source of

collecting huge quantity of Guthka, that

too, mis-branding and in the plastic

pouches which are inhibited to be used,

circulated in the market, calls for

custodial interrogation. No case for

discretion in terms of Section 438

Cr.P.C.

Applications dismissed.

(K.U.CHANDIWAL)

JUDGE

...

AGP/1849-11crapl