FIROJ KHAN MAHEMUD KHANversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:45936




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                 ANTICIPATORY BAIL APPLICATION NO. 1723 OF 2026

                                  Firoj Khan Mahemud Khan
                                           VERSUS
                            The State Of Maharashtra And Another

           Mr. A. R. Borulkar, Advocate for applicant
           Mr. S. P. Joshi, APP for respondent-State

                                                 CORAM : R. M. JOSHI, J.
                                                 DATE   : 01st OCTOBER, 2026

           PER COURT :-


           1.         Applicant seeks pre-arrest bail in connection with Crime No.

           0459 of 2026 registered with Bhokardan Police Station, Dist. Jalna, for

           the offences punishable under Sections 123, 223, 274, 275 read with

           Section 3(5) of the Bharatiya Nyaya Sanhita and under Section 59 of the

           Food Safety and Standards Act.


           2.         First Information Report indicates that a secret information

           was received with regard to transportation of contraband gutaka and pan

           masala. After interception of vehicle, contraband was seized. During the

           course of investigation, it was found that the said contraband was to be

           delivered to the present applicant.


           3.         Learned Counsel for the applicant submits that there is




           924-ABA-1723-2026.odt                                               1 of 3
nothing to be recovered from the present applicant as recovery has

already been done at the spot. He further submits that the issue with

regard to the applicability of Section 123 of the Bharatiya Nyaya Sanhita

is pending decision before Hon’ble Supreme Court. According to him,

having regard to the nature of offence, appropriate direction to the

applicant to appear before the Investigating Officer and co-operate in the

investigation will be sufficient.


4.           Learned APP opposed application by referring to the record

indicating conversation between co-accused and present applicant.

Having regard to the said evidence, it cannot be said that here, in this

case, there is no material to connect applicant with the crime even

though it is the fact that the issue with regard to the applicability of

provisions of section 123 of the Bharatiya Nyaya Sanhita (old Section

328 of the Indian Penal Code) to gutaka cases are pending for decision

before the Hon’ble Supreme Court. He claims that considering nature of

offence and prohibition imposed, custodial interrogation of applicant is

necessary.


5.           Prima facie, perusal of the record indicates that here, in this

case, contraband gutka and pan masala worth Rs. 61,56,250/- came to

be seized from co-accused. This is not the case wherein involvement of

the applicant is sought on the basis of alleged statement of co-accused.



924-ABA-1723-2026.odt                                                  2 of 3
There is evidence to show that applicant was in contact with co-accused

as such there is material to connect him with the crime in question. The

gutaka and pan masala is prohibited for manufacture and sale in the

State of Maharashtra. This Court finds substance in the contention of

learned Counsel for applicant to ascertain from whom the contraband is

procured as the co-accused is mere driver of vehicle. Having regard to

the nature of offence more particularly, when there is evidence to

connect applicant with the crime in question, this Court finds no reason

to grant any protection to the applicant.


6.            Application stands dismissed.




                                                   (R. M. JOSHI, J.)

B. S. Joshi




924-ABA-1723-2026.odt                                              3 of 3