ARUN PUNDALIK PATILversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:6831

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                    ANTICIPATORY BAIL APPLICATION NO. 238 OF 2026
                               ARUN PUNDALIK PATEL
                                       VERSUS
                           THE STATE OF MAHARASHTRA
                                          …
                     Advocate for Applicant : Mr. Barde Parag Vijay
                      APP for Respondents/State : Mr. P. D. Patil
                                        …
                                       CORAM : MEHROZ K. PATHAN, J.
                                          DATE : 12th FEBRUARY 2026

              PER COURT :
              1.     The Applicant        has   approached     this     Court       seeking
              anticipatory bail in Crime No.13/2026 dated 24.01.2026 registered
              with Dharangaon Police Station, District Jalgaon for the offences
              punishable under Sections 26(2)(iv), 27(1), 27(3)(d), 27(3)(e), 18,
              59 of Food Safety and Standards Act, 2006 and under Sections 123,
              223, 274, 275 of Bharatiya Nyaya Sanhita, 2023 .

              2.       The case of the prosecution is that the First Informant,
              Sharad Pawar, Food Safety Officer, Food and Drug Department,
              Jalgaon, on Saturday, 24.01.2026, at about 03:00 p.m., received a
              phone call from A.P.I. Prashant Madhukar Kandare of Paldhi Outpost
              under Dharangaon Police Station, requesting him to take further
              action in respect of prohibited food items at the above-mentioned
              place. Accordingly, the First Informant appeared at the said place for
              further action. At that place, A.P.I. Prashant Madhukar Kandare and
              other police officials were present. As per the letter given by the
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police administration in this case, it was found that a vehicle carrying
prohibited food items had been seized on the road in Savada Shivar
and brought to the premises of Paldhi Outpost Police Station in the
same condition. The First Informant showed his identity card to the
driver of the vehicle, Mahindra FURIO bearing registration no.
MH19CY6972, and introduced himself as Food Safety Officer,
Jalgaon, in the presence of others. The said vehicle driver stated his
name as Pradeep Bhatu Patil, aged 49 years, residing at Tahakli,
Taluka Dharangaon, District Jalgaon, Mobile No. 8830216655,
Aadhaar No. 428195970736, and confirmed that he himself was the
driver of the vehicle Mahindra FURIO bearing registration no. MH-
19-CY-6972. Thereafter, when the gate lock of the container of the
said vehicle was opened in the presence of both the Inspectors and
the police staff present, a stock of “Vimal” branded fragrant pan
masala and “V-1” branded fragrant tobacco was found packed in
khaki and white colored HDPE bags. When the vehicle driver was
questioned about the said stock, he did not provide any information.
During inspection, the First Informant found that the said vehicle was
illegally transporting for sale a stock of substances prohibited under
the order of the Hon’ble Commissioner of Food and Drug
Administration, State of Maharashtra, published in the Gazette of the
Government of Maharashtra dated 16.07.2025. The prohibited
substances valued at Rs. 73,22,264/- were found in the said vehicle.
.        When the representative packets from the said stock were
opened and first smelled, fragrant pan masala and fragrant tobacco
were found inside. When the said stock was inspected, the stock
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mentioned above was found in the stock.
.        The said stock was kept in the custody of API, Paladhi
Outpost Police Station, Tal. Dharangaon, Dist. Jalgaon for safety.
Also, the said driver was handed over to Paldhi Police Station, Tal.
Dharangaon, Dist. Jalgaon for further action. As per the order dated
16.07.2025 of Commissioner Food and Drug Administration,
Maharashtra State, Mumbai, published in the Gazette Extraordinary
Part Four C of the Government of Maharashtra, it is prohibited in the
state for a period of one year from 16.07.2025.
.        Therefore, the person transporting the said food items for
sale for human consumption, namely Pradeep Bhatu Patil, aged 49
years, residing at Tahakali, Taluka Dharangaon, District Jalgaon,
Mobile No. 8830216655, has violated the provisions of the Food
Safety and Standards Act, 2006 and the Rules and Regulations, 2011,
as well as the Indian Penal Code, by transporting them in the vehicle
Mahindra FURIO bearing registration no. MH-19-CY-6972. A
complete investigation must be conducted, tracing the supply chain
from the accused, Pradeep Bhatu Patil (driver), up to the level of the
manufacturer. Such investigation is necessary with the aim of
stopping the illegal trade of prohibited food items in the State.
Accordingly, Crime No. 13/2026 under Sections 26(2)(iv), 27(1),
27(3)(d), 27(3)(e), 18, and 59 of the Food Safety and Standards Act,
2006, and under Sections 123, 223, 274, and 275 of the Bharatiya
Nyaya Sanhita, 2023, has been registered at Dharangaon Police
Station, District Jalgaon, on 24.01.2026 against the accused, Pradeep
Bhatu Patil.
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3.       The learned Counsel for the Applicant submits that the
Applicant was not named in the FIR. The driver, Pradip Patil, was
arrested at the spot where the contraband was found. The vehicle has
already been seized. The Applicant is named only on the basis of the
statement of the co-accused, Pradip Patil. The Applicant has no
concern with the said crime and has been wrongly implicated only
with the intention of falsely involving him in cases relating to the
supply of Gutka. The Applicant is ready to abide by any conditions
that may be imposed by this Court. Hence, the Applicant may kindly
be released.


4.       The learned APP strongly opposes the present application
on the ground that the Applicant is a history-sheeter, having indulged
in identical offences relating to the supply of Gutka in various other
police stations. The Commissioner of Food and Safety has issued a
notification prohibiting Pan Masala and Gutka. The driver of the
vehicle, Pradip Patil, along with the owner of the vehicle, Pankaj
Pankesh, were arrested and subsequently released on bail. During the
custody of accused no.1/Pradip Patil, the name of the present
Applicant was revealed as one of the major suppliers of contraband
Gutka, which is prohibited for sale and transport in the State of
Maharashtra under the notification issued by the Commissioner of
Food and Safety under Section 30 of the Food Safety and Standards
Act. The offence is serious in nature. The State Government is
making concerted efforts to control the menace of supply of Gutka
and Pan Masala in the State of Maharashtra. However, due to the acts
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of the present Applicant, these prohibitions are being flouted
brazenly, resulting in the supply of Gutka to consumers and traders
across the State. The custodial interrogation of the Applicant is
therefore necessary to unearth the entire crime relating to the sale of
Gutka in the State of Maharashtra.


5.       I have gone through the investigation papers. The perusal of
the FIR as well as the say of the prosecution filed by the State during
the pendency of the bail application before the Trial Court, together
with the order dated 02.02.2026 and the investigation papers, it
appears that the Applicant is involved in earlier identical crimes
relating to the supply of contraband Pan Masala and Gutka in the
State of Maharashtra, despite the same being prohibited. The
offences registered against the Applicant are as under :
(i)      Crime No.30/2024 at Chopda City Police Station for the
         offences punishable under Sections 328, 272, 273, 188,
         109, 34 IPC. Dated 29.01.2024.
(ii)     Crime No.399/2024 at MIDC Police Station for the same
         aforesaid offences.
(iii)    Crime No.279/2024 registered at Muktainagar Police
         Station for the same offences for supply of Pan Masala and
         Gutka in the State of Maharashtra.

6.       The learned Counsel for the Applicant Mr. Barde relies upon
the judgment of the Hon’ble Supreme Court in the case of
Prabahakar Tewari vs. State of Uttar Pradesh, reported in AIR Online
2020 SC 96, on the point that criminal antecedents by themselves
would not be sufficient to deny the protection of anticipatory bail to
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a person whose role is not made out in the crime. Taking into
consideration the say of the prosecution, it is revealed that apart
from being involved in earlier criminal offences of identical nature
relating to the sale, transport, and supply of Gutka and Pan Masala in
the State of Maharashtra, the Applicant has been specifically named
as supplier of contraband by the arrested co-accused, Pradip Patil,
who was found in possession of the contraband seized during the
raid conducted by the police authorities. A huge quantity of Pan
Masala and Gutka of various companies, valued at approximately Rs.
50 Lakhs, has been seized. Such a huge quantity of banned Pan
Masala and Gutka being supplied in the State of Maharashtra, despite
being banned under the notification issued by the Commissioner of
Food and Safety, constitutes a serious offence which requires
thorough investigation. The criminal antecedents of the Applicant,
involving identical crimes of sale and transport of Gutka and Pan
Masala in the State of Maharashtra, is one of the factors though not
the sole factor for declining the grant of anticipatory bail to the
present Applicant, as there is every likelihood that the Applicant may
again indulge into identical crimes. The Applicant has thus failed to
make out any case for exercise of discretion under Section 482 of
BNSS, 2023 for grant of anticipatory bail. Accordingly, the
application stands rejected.

                                           MEHROZ K. PATHAN
                                              JUDGE

NAJEEB..