Section 328 IPC is applicable in cases involving the sale and transport of harmful contraband, necessitating custodial interrogation based on the knowledge of its dangers.

COMMON ORDER :

1. These applications are preferred under Section 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 Sections 26(2)(iv), 27(3)(d), 27(3)(c), 30(2)(a) and Sections 3, 59 of the Food Safety and Standards Act, 2006 (for short “FSS Act”) and Sections 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 Section 328 of IPC all the other offences are bailable in nature.

ii) The offence under Section 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 Sections 188, 272, 273, 328 of IPC and Section 59 of FSS Act. It is submitted that, the applicant was not found in possession of any article. Co-accused has been arrested and granted bail. The applicant is arrested on the basis of statement of co-accused. The applicant was named in the remand application for the first time. Section 328 of IPC is not applicable. The co-accused was arrested and granted bail. Reliance is placed on the order dated 11.08.2021 passed by this Court in ABA No.1756 of 2021 and ABA No.1757 of 2021, wherein pre-arrest bail was granted to the applicants therein on the ground that their custodial interrogation is not necessary.

Learned APP submitted that the offence is of serious nature. The involvement of the applicant was disclosed during interrogation of co-accused. Section 328 of IPC is attracted. The applicant is absconding. Custodial interrogation of the applicant is necessary. Investigation is in progress. Co-accused were found in possession of banned Gutkha and other materials. During inquiry with the arrested accused it was revealed that the applicant and others had provided banned Gutkha and other material for selling the material to public at large. Learned APP Mr. Palkar relied upon the decision of this Court dated 23.12.2021 passed in ABA No.1405 of 2021 and other group of matters.

5. Learned Advocate appearing for applicant in ABA No.2913 of 2021 submitted that, the applicant is apprehending arrest in C.R. No.378 of 2021 registered with Manmad City Police Station, Manmad for offences under Section 179, 188, 272, 273 & 328 of IPC as well as Section 26(2)(i), 26(2)(iv), 59 & 27(2)(e) of FSS Act. It is submitted that the FIR in this case was registered on 10.11.2021. Although the raid was conducted on 08.10.2021, there is delay in lodging FIR. False complaint is lodged against the applicant. Custodial interrogation of the applicant is not necessary.

Section 328 of IPC is not attracted. Investigation is completed.

Learned APP submitted that, no ground is made out for grant of anticipatory bail. The delay has been explained in the FIR. The applicant was arrested for offence under Section 326 of IPC. The effect of delay can be considered during trial. There are specific allegations against the applicant that the he has stored contraband articles i.e. Rajniwas Panmasala packets flavoured Tobacco mix and various other packets. The purpose of storing of contraband articles in the grocery shop is for sale. Therefore articles are hazardous to consume. Custodial interrogation of the applicant is necessary. Section 328 of IPC is attracted. The issue is already dealt with by this Court.

6. Learned Advocate in ABA No.1648 of 2022 submitted that, the applicant is apprehending arrest in C.R. No.285 of 2022 for offences under Sections 328, 188, 272, 273 of IPC and Sections 26(2)(iv), 27, 30(2), 31 and 59 of FSS Act. It is submitted that, except Section 328 of IPC all the other