VINOD RAMCHANDRA GANGWANIversusSTATE OF MAHARASHTRA

                                                   12-ABA-2507-2026.odt

Harish



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

     ANTICIPATORY BAIL APPLICATION NO. 2507 OF 2026


Vinod Ramchandra Gangwani                                   ...Applicant

              V/S.

State Of Maharashtra                                        ...Respondent

_____________________________________________________________

Adv. Tushar Sonawane, for the Applicant.

Adv. Poonam P. Bhosale, APP for the Respondent – State.

API - Mr. Prakash Gite, Ullhasnagar Police Station is present.

________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 07TH SEPTEMBER, 2026.
P.C. :-


1.            Heard learned Advocate Mr. Tushar Sonawane for the applicant

as well as Advocate Adv. Poonam P. Bhosale learned APP, for the

respondent.


2.            The applicant is apprehending arrest in Crime No. 344 of 2026

dated 23.07.2026, registered with Ulhasnagar Police Station, Thane (City),

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for the offence punishable under Sections 26(2)(i), 26(2)(iv), 27(2)(e), 59

and 30(2)(a) of Food Safety and Standards Act, (“FSSA”) 2006 and Section

123, 223, 274 and 275 read with Section 3(5) of Bharatiya Nyaya Sanhita

(BNS), 2023.


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

report lodged by the Police Officials. In his report, the complainant has

alleged that on 22.07.2026, he had received certain instructions from his

superior, regarding secret information about transportation of contraband

goods i.e.‘Pan Masala’ through a white colour Maruti Ertiga Car bearing no.

MH-02-DG-3828. The car was apprehended and after taking search, it was

found that certain Gutkha and scented Pan Masala – Tobacco was being

transported. It is alleged in the report that the transportation of the

contraband goods was being done by the accused persons including this

applicant and on the basis of these allegations the FIR came to be registered

against three persons including this applicant who is arraigned as accused

no. 3.


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

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needs to be protected.


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

offences registered under the ‘FSSA’ and the offences under BNS are

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 and

possession of Gutkha is pending before the Hon’ble Supreme Court in

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 transporters, his role in the entire chain

of events need to be investigated and hence, the custodial interrogation of

this applicant is necessary. As regards, the legal position about

applicability of Section 123 of BNS and pendency of issue before Hon’ble

Supreme Court, there is no dispute.


8.          As regards the criminal antecedents, learned counsel for the

applicant submits that there are five criminal cases registered against this

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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. Today, learned counsel for the applicant tenders across the bar an

undertaking signed by the applicant. The affidavit on undertaking dated

31.08.2026 is taken on record and marked as document “X” for

identification purposes.


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

judgments relied upon by the counsel for applicant particularly the 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/transporter 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 provisions of FSS Act have to be considered in

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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

had 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 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.

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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. 344 of 2026 dated 23.07.2026,

               registered with Ulhasnagar Police Station, Thane

               (City), for the offence punishable under Sections

               26(2)(i), 26(2)(iv), 27(2)(e), 59 and 30(2)(a) of

               Food Safety and Standards Act, (“FSSA”) 2006

               and Section 123, 223, 274 and 275 read with

               Section 3(5) of Bharatiya 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


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              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.

              (vi)     The applicant shall not indulge in any such

              activity for which the offences have been

              registered against him in the instant case.

              (vii)      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.

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

              these conditions specified in this order, his bail is

              liable to be canceled.



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

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


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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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