PRADEEP RAMKHILAWAN JAISWAL @ GUDDUversusSTATE OF MAHARASHTRA

                                                           914-ABA-2666-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2666 OF 2026
Pradeep Ramkhilawan Jaiswal @ Guddu                           ...Applicant
              V/s.
State Of Maharashtra                                          ...Respondent
_____________________________________________________________
Adv. Tushar N. Sonawane, for the Applicant.
Adv. Arfan Sait, APP for the Respondent – State.
API - Mr. Bagul, Ulhasnagar, Police Station, is present.
________________________________________________________
                CORAM : PRAFULLA S. KHUBALKAR, J.
                DATE : 22ND SEPTEMBER, 2026.

P.C. :-

1.             Heard learned Advocate Mr. Tushar Sonawane for the

applicant as well as Advocate Adv. Arfan Sait, 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), 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.



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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. 2. The role attributed to this applicant is

that he was present inside the Ertiga Car and when police stopped the

vehicle he had ran away.

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

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.

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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

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 12.09.2026 is taken on record and marked as document

“X” for identification purposes.

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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 FSSA 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 had placed reliance on several orders passed by the coordinate

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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.

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

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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 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 have been

registered against him in the instant case.

(vi) The applicant shall not engage in any

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            transactions dealing with the prohibited articles

            including Gutkha, Pan Masala with Tobacco and

            similar such items during pendency of the

            criminal proceedings.

            (vii) 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

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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