SAYYED MOHAMMAD ZAKIR SAYYED JALILversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:4727

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                    ANTICIPATORY BAIL APPLICATION NO. 2166 OF 2025

                     SAYYED MOHAMMAD ZAKIR SAYYED JALIL
                                    VERSUS
                    THE STATE OF MAHARASHTRA AND ANOTHER

                                          …
                      Advocate for Applicant : Mr. Rajendra G. Hange

                      APP for the Respondents/State : Mr. P. D. Patil
                                         …

                                           CORAM : MEHROZ K. PATHAN, J.
                                             DATE : 28th JANUARY, 2026

              PER COURT :
              1.        Heard the learned Counsel for the Applicant and the
              learned APP for the State.


              2.        The    Applicant    has   approached   this     Court,       seeking
              anticipatory bail in connection with Crime No.309/2025 registered
              with Peth Beed Police Station, Tq. and Dist. Beed for the offences
              punishable under Sections 123, 223, 274, 275 of Bharatiya Nyaya
              Sanhita, 2023.


              3.        On 07.11.2025, Informant Vilas Thombre, Police Head
              Constable attached to Peth Beed Police Station, lodged a report
              alleging that on the same day at about 02:00 p.m., he along with
              Police Head Constable Mane was present at Barshi Naka Chauki. At
              that time, Pooja Pawar, Dy. S.P., along with other police officers,
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arrived and informed them that they had received secret information
that Sayyed Zaker and Sayyed Shaker, residents of Mominpura, had
kept stock of Gutka for sale at their shop, Madina Traders, despite the
prohibition imposed by the Maharashtra Government. Thereafter, it
was decided to raid the said shop. All of them reached in front of
Madina Traders at about 02:15 p.m. by Government vehicle. The
shop was found closed. The mobile number displayed on the shop
board (9112091011) was dialed to contact Zaker, who stated that he
would come shortly, but thereafter disconnected the call. A
subsequent call was made, but the phone was switched off. P.S.I.
Katkar called two panch witnesses for breaking the lock of the
shutter and for recording the seizure panchnama. Accordingly, PSI
Katkar called Awaij Shaikh and Shaikh Ameer to act as panchas. They
were informed of the secret information received and were asked
whether they were willing to witness the breaking of the lock and
seizure proceedings. Upon their consent, one person, Shaikh Imran,
resident of Swarajya Nagar, Barshi Road, was also called, and in his
presence, the lock of Madina Traders was broken. The shop was
searched, and a seizure panchnama was prepared. Inside the shop,
packets of Gutka and other scented pan masalas were found. A cash
amount of Rs. 63,160/- was also recovered from the counter box. All
the above muddemal was seized in the presence of the panchas, and
a seizure panchnama was effected. Thereafter, Food and Drugs
Inspector, was informed telephonically. One packet from the seized
articles was preserved for CA sample. It is alleged that the accused
had stocked Gutka and Pan Masala for sale, which is prohibited by
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the Maharashtra Government, and such sale poses danger to human
life. On the basis of the said report, Peth Beed Police registered Crime
No. 309/2025 dated 07.11.2025 under Sections 123, 223, 274, and
275 of B.N.S. 2023.


4.       The learned Counsel for the Applicant submits that there
has been non-compliance with Section 105 of the BNS, inasmuch as
the search and seizure of the contraband ought to have been video
recorded by the police authorities. Such non-compliance vitiates the
entire seizure, and therefore the Applicant is entitled to be released
on bail. The learned Counsel further submits that the contraband was
seized from the spot, therefore the custody of the Applicant is not
required. The entire seizure was conducted in the absence of the
Applicant, and therefore the search and seizure stand vitiated.
Consequently, the Applicant is entitled to be released on bail. The
Applicant is falsely implicated in the present crime. There is a delay
of 8 hours in lodging the FIR. The alleged muddemal/contraband
was seized from the staircase in front of the Applicant’s shop. The
Applicant is added as an accused merely on suspicion. Hence, the
Applicant may be released on bail.


5.       As against this, the learned APP strongly opposes the
present application on the ground that the Applicant is involved in
serious offences relating to the sale of contraband Gutka, which is
prohibited by orders of the Commissioner for Food Safety vide
notification issued under Section 30 of the Food Safety and
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Standards Act. The learned APP further submits that the Applicant
was contacted telephonically on his mobile number 9561031002 and
was directed to remain present for the search and seizure. However,
the Applicant failed to do so. The entire search and seizure
panchnama was prepared, and video recording of the same was
made on a mobile phone. A separate panchnama to that effect was
also prepared on 07.11.2025, i.e., the date of the raid. Accordingly,
the provisions of Section 105 of the BNS have been scrupulously
complied with. The Applicant is alleged to have committed offences
of sale and transport of prohibited articles, namely Gutka and Pan
Masala. It is further submitted that the Applicant has a criminal
history, as offences were previously registered against him: Crime No.
108/2022 under Sections 328, 272, 273 of IPC at Peth Beed Police
Station; Crime No. 192/2020 under Section 188 of IPC; and Crime
No. 93/2023 under Sections 328, 272, 273 read with Section 34 of
IPC, all relating to the sale and possession of prohibited contraband
Gutka and Pan Masala. The Applicant is, therefore, a habitual
offender and there is every likelihood that if the Applicant is released
on anticipatory bail, the Applicant may again commit the similar
offences.


6.          I have gone through the allegations in the FIR as well as
investigation papers made available by the learned APP. The perusal
of the investigation papers shows that the Applicant had stored
prohibited articles in his shop, namely Madina Traders at
Mominpura, Beed. Upon receiving secret information, the police
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conducted a raid and made a phone call to the Applicant on his
mobile number 9561031002, directing him to remain present.
Although the Applicant initially assured that he would attend the
search and seizure, he failed to turn up. The police party thereafter
conducted the raid and found packets of Goa-1000 Gutkha, Hira Pan
Masala, Rajniwas Pan Masala, Rajnigandha Pan Masala, Vimal Pan
Masala, BaoBaji Pan Masala, and other mixtures used for preparing
Gutkha. The contraband was seized by the raiding party, and the
seizure video proceedings were recorded on a mobile phone. Thus,
the provisions of Section 105 of the BNS stand complied with. A
panchnama was prepared on 07.11.2025, i.e., the date of the raid, in
the presence of panch witnesses. Accordingly, there is ample evidence
to establish the involvement of the Applicant in the said crime. It
appears from record that even after the raid and registration of the
offence on 07.11.2025, efforts were made to pursue and apprehend
the Applicant on the next day of the raid i.e. 08.11.2025. However,
the Applicant absconded, leaving behind a four-wheeler vehicle, in
the boot space of which prohibited tobacco worth Rs. 2,40,000/- was
found and seized. Hence a subsequent crime being FIR No.348/2025
is registered against him on 08.11.2025 at Peth Beed Police Station.


7.       The Applicant appears to be a habitual offender indulging
in the sale and possession of prohibited contraband articles, namely
Gutkha and Pan Masala as three identical offences are registered
against him of identical nature. Taking into consideration the
criminal antecedents of the Applicant, there is every likelihood that if
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released on anticipatory bail, he may again indulge in similar
offences. The Applicant has thus failed to make out a case for
exercise of powers under Section 482 of B.N.S., for grant of
anticipatory bail. Accordingly, the application stands rejected and is
disposed of.



                                           MEHROZ K. PATHAN
                                               JUDGE




NAJEEB..