JAVED AHMAD @ JAHIR AHMAD ANSARIversusSTATE OF MAHARASHTRA

                                                     916-ABA-2426-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2426 OF 2026
Javed Ahmad @ Jahir Ahmad Ansari                          ...Applicant
           V/s.
State Of Maharashtra                                      ...Respondent
_____________________________________________________________
Mr. Tushar Sonawane a/w Ms. Pooja Satpute, for the Applicant.
Mr. Bapu Holambe Patil, APP for the Respondent – State.
________________________________________________________
                  CORAM : PRAFULLA S. KHUBALKAR, J.
                  DATE : 28th AUGUST, 2026.
P.C. :-

1.           Heard learned Advocate Mr. Tushar Sonawane for the

applicant as well as Advocate Mr. Bapu Holambe Patil learned APP,

for the respondent.

2.           The applicant is apprehending arrest in Crime No. 278 of

2026 dated 21.04.2026, registered with Pelhar, Police Station, Mira-

Bhayander, Vasai-Virar for the offence punishable under Sections

26(2)(i), 26(3) and 26(4) of Food Safety and Standards Act, (“FSSA”)

2006 and Section 123 of Bharatiya Nyaya Sanhita (BNS), 2023.

3.           The First Information Report is registered on the basis of a


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report lodged by the complainant alleging that on 21.04.2026, the

complainant had been to a place in Nalasopara East and found that the

prohibited Gutkha was being sold by the applicant in his shop. It is

alleged in the report that the complainant also followed the accused

and it was found that the prohibited material was stored in a room.

Thereafter, the complainant called the police and on inspection, about

188 pouches of Vimal Company Gutkha were found in the said room.

The said material was seized by the Police Officials. Thereafter, in this

background, the offence came to be registered against this applicant.

4.           Learned counsel for the applicant submitted that there is

no material to establish commission of any of the offences by this

applicant and in view of the position of law with respect to the

applicability of the offence under Section 123 of BNS, the personal

liberty of this applicant be protected.

5.           It has to be noted that except Section 123 of BNS, the

other offences registered under the FSSA and the offences under BNS

are all bailable offence.

6.           As regards Section 123 of the BNS, which is similar to the

offence under Section 328 of IPC, it is submitted that the issue about

applicability of the said section in cases pertaining to illegal transport

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and possession of Gutkha is pending before the Hon’ble Supreme

Court in a number of cases. It is pointed out that in such cases pending

before the Hon’ble Supreme Court, protection from arrest is granted to

the accused persons therein.

7.         In the instant case learned APP submits that since this

applicant is found to be one of the supplier, his role in the entire chain

of suppliers need to be investigated and hence the custodial

interrogation of this applicant is necessary. As regards the contention

that the legal position about applicability of Section 123 of BNS is

pending before Hon’ble Supreme Court, there is no dispute.

8.         As regards criminal antecedents, learned counsel for the

applicant submits that there are two criminal cases registered against this

applicant in which he is already enlarged on bail. In this background, he

submits that this applicant is ready to submit an undertaking to state that

he will not deal with the prohibited material including Gutkha, Pan

Masala and Tobacco and learned counsel for the applicant tenders across

the bar an undertaking signed by the applicant. The affidavit dated

18.08.2026 is taken on record and marked as document “X” for

identification purposes.

9.         Perused FIR and the material placed on record and the

judgments relied upon by the counsel for applicant particularly the

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judgment of coordinate Bench of this Court in Anticipatory Bail

Application No. 1440 of 2024 dated 19th June 2024 and judgments

dated 30th September 2021 in a bunch of matters in Anticipatory Bail

Application No. 944 of 2020 with connected matters.

10.        In the light of the observations made herein above and on

consideration of the crucial aspects particularly, considering the fact that

the very applicability of Section 123 of BNS to such an offence on the

allegations of the applicant being a supplier is in question, at this stage,

the applicant deserves to be protected so as to applicability of Section 123

is concerned. As regards the other offence under BNS, the same are

bailable. The offences under Sections of FSS Act have to be considered in

the light of law laid down by the Hon’ble Supreme Court in the matter of

Ram Nath Vs. The State of Uttar Pradesh & Ors., reported in 2024 SCC

online SC 177 wherein the Hon’ble Supreme Court has clarified the

position that the provisions under FSSA override sections 272 and 273 of

the IPC. In any case, the punishment under FSSA in the face of an

allegations made against this applicant would be only by way of

imprisonment up to one year and imposition of fine.

11.        In support of his submissions, learned counsel for the

applicant placed reliance on several orders passed by the coordinate

Bench of this Court including order in Anticipatory Bail Application No.

1795 of 2026 dated 16th July, 2026 in Ajiruddin Fakaruddin Kazi

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Versus The State of Maharashtra and submitted that in view of the

contentious issues about applicability of provisions of Section 123 of BNS

Act, the personal liberty of this applicant needs to be protected. In this

regard although learned APP submitted that there are several orders passed

by this Court denying anticipatory bail to several accused persons, it is not

disputed that the issue about applicability of Section 123 of BNS is still

pending before the Hon’ble Supreme Court.

12.         Learned counsel for the applicant also states that this applicant

is ready to abide by any conditions for grant of anticipatory bail.

13.         In view of the above, the Anticipatory Bail Application is

allowed, subject to following conditions.

14.         Hence, I pass following order :

                               : ORDER :

               (i)     In the event of arrest of the applicant in

               Crime No. 278 of 2026 dated 21.04.2026,

               registered with Pelhar, Police Station, Mira-

               Bhayander,      Vasai-Virar     for    the   offence

               punishable under Sections 26(2)(i), 26(3) and

               26(4) of Food Safety and Standards Act,

               (“FSSA”) 2006 and Section 123 of Bharatiya


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Nyaya Sanhita (BNS), 2023, he be released on

bail on furnishing P. R. Bond of Rs. 25,000/-

(Rupees Twenty Five Thousand only) with one

solvent surety of the like amount.

(ii)    The applicant is directed to attend the

Investigating Officer on every Monday between

10:00 a.m. to 5:00 p.m., for a period of one month

and thereafter as and when called upon by the

Investigating Officer.

(iii)   The applicant shall cooperate with the

Investigating agency during investigation and trial.

(iv)    The applicant shall not tamper with the

prosecution evidence or influence the Informant

and witnesses directly or indirectly.

(v)     The applicant shall not indulge in any such

activity for which the offences has been registered

against him in the instant case.

(vi)    The applicant shall not engage in any

transactions dealing with the prohibited articles

including Gutkha, Pan Masala with Tobacco and

similar such items during pendency of the criminal

proceedings.


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               (vii)   In the event, the applicant violates any of

               these conditions specified in this order, his bail is

               liable to be cancelled.

15.        Needless to mention the observations made in this order are

limited to the disposal of the anticipatory bail application and the Trial

Court is entitled to record its independent observations on the basis of

evidence before it.

16.        In view of this, the instant application is allowed and disposed

of.


                                     (PRAFULLA S. KHUBALKAR, J.)




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