Bombay High Court

SURAJ JAGANNATH SAWANTversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Allowed

Holding

Anticipatory bail was granted because the applicability of Section 123 BNS to the present contraband case is pending before the Supreme Court and prior precedents have released accused under the same provision.

Summary

The High Court of Bombay (Kolhapur Circuit) entertained an anticipatory bail application filed by Suraj Jagannath Sawant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The applicant was alleged to have supplied prohibited tobacco products, attracting charges under Sections 26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006 and Sections 123, 223, 274, 275 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS). The principal legal issue was whether Section 123 of the BNS, which deals with causing hurt by poison, could be applied to such contraband cases—a question presently pending before the Supreme Court (Anand Ramdhani Chaurasia v. State of Maharashtra). Relying on several earlier bail decisions where accused under Section 123 were released, the Court granted anticipatory bail with standard conditions, including a personal bond, regular reporting, and non‑interference with evidence. The application was therefore disposed in favour of the applicant.

Issues considered

Whether Section 123 of the Bharatiya Nyaya Sanhita is applicable to offences involving the supply of prohibited tobacco products.
Whether anticipatory bail can be granted under Section 482 of the BNSS when the applicability of Section 123 is under Supreme Court consideration.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275, 3(5)
Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a), 59

Subjects

anticipatory bail
Section 123 BNS
Food Safety Act
contraband tobacco
pending Supreme Court question
bail conditions
Section 482 BNSS

Judgment

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41-ABA-394-2026 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 394 OF 2026

Suraj Jagannath Sawant …...Applicant
VERSUS
The State Of Maharashtra And Ors. …...Respondents

_________________________________________________________________

Mr. Siddharth Shitole, for the Applicant.
Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 3 - State.
PSI, Mr. Azharuddin Shaikh, Pusegav Police Station, present.
_________________________________________________________________

Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
CORAM : ASHWIN D. BHOBE, J.
DHUDUM Date:
2026.09.01
20:14:11
+0530 DATE : 1st SEPTEMBER, 2026.
P.C.

1. Heard Mr. Siddharth Shitole, learned Advocate for the Applicant

and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and

3 – State.

2. By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the

Applicant is seeking pre-arrest bail, apprehending arrest in connection with

Crime No.21 of 2026, dated 27/01/2026, registered with Pusegaon Police

Station, District Satara, for the offences punishable under Sections 26(2)

(i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food Safety and Standards

Shantanu S. Dhudum
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41-ABA-394-2026 (CR).DOC

Act, 2006 and Sections 123, 223, 274, 275 read with 3(5) of the Bharatiya

Nyaya Sanhita, 2023 (for short, “BNS”).

3. The main offence in the FIR is under Section 123 of the BNS,

which deals with causing hurt by means of poison, etc., with intent to

commit an offence.

4. Mr. Siddharth Shitole, learned Advocate for the Applicant

submits that the allegations against the Applicant (Accused No.2) in Crime

No.21 of 2026 are that he had supplied the banned item/prohibited

tobacco products, in the State of Maharashtra. He submits that the total

value of the seized articles is Rs.15,30,290/-.

5. The question of whether an offence under Section 123 of the

BNS can be registered in such cases is pending before the Hon’ble Supreme

Court in the case of Anand Ramdhani Chaurasia Vs. State of Maharashtra 1

and other connected matters. Considering the pendency of the question

before the Hon’ble Supreme Court, this Court has granted Anticipatory Bail

as well as Regular Bail to the Accused charged with the offence under

Section 123 of the BNS.

6. Mr. Siddharth Shitole, learned Advocate for the Applicant, relies

on the decisions in the case of Rashid Rukmuddin and Another Vs. The

1 2019 SCC OnLine Bom 1857

Shantanu S. Dhudum
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41-ABA-394-2026 (CR).DOC

state of Maharashtra2, Tushar B. Bhamare Vs. The State of Maharashtra 3,

Ahefaz Iqbal Memon alias Menon Vs. The State of Maharashtra 4, Dipak

Maharajsing Yadav Vs. The State of Maharashtra 5 and Karan Ramabhai @

Karamshibhai Hamabhai Jograna and Another Vs. The State of

Maharashtra6, wherein Accused charged with the offence under Section

123 of the BNS were released on bail.

7. Ms. Shubhangi N. Deshmukh, learned A.P.P. for the Respondent

Nos.1 and 3 – State, submits that the contraband (Pan Masala and

Tobacco), involved in the present crime is harmful to society. She, however,

does not contest the contention urged by Mr. Siddharth Shitole, learned

Advocate for the Applicant, that the issue regarding the applicability of

Section 123 of the BNS is pending for consideration before the Hon’ble

Supreme Court.

8. In view of the above, this Application is allowed on the following

conditions:

(a) In the event of arrest of the Applicant - Suraj Jagannath

Sawant, in connection with Crime No.21 of 2026, dated

27/01/2026, registered with Pusegaon Police Station,

District Satara, for the offences punishable under Sections

2 Criminal Bail Application No.403 of 2023 decided on 6th February, 2023.
3 Criminal Bail Application No.579 of 2025 decided on 26th February, 2025.
4 Criminal Bail Application No.1463 of 2022 decided on 16th January, 2023.
5 Criminal Bail Application No.45 of 2024 decided on 1st February, 2024.
6 Criminal Bail Application No.273 of 2024 decided on 8th March, 2024.

Shantanu S. Dhudum
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41-ABA-394-2026 (CR).DOC

26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food

Safety and Standards Act, 2006 and Sections 123, 223, 274,

275 read with 3(5) of the BNS, the Applicant shall be

released on bail on furnishing a P.R. Bond in the sum of

Rs.1,00,000/- (Rupees One Lakh Only) with one or two

sureties in the like amount, to the satisfaction of the

Investigating Officer, Pusegaon Police Station, District

Satara.

(b) The Applicant shall report to the Investigating Officer,

Pusegaon Police Station, District Satara, on 3 rd Monday of

each month between 11:00 a.m. to 12:00 noon commencing

from 7th September, 2026. In the event, the Applicant is

required by the Investigating Officer, Pusegaon Police

Station, District Satara, on any other day, the Applicant shall

ensure his presence before the Investigating Officer.

inducement, threat or promise to any person/s acquainted

with the facts of the case to dissuade such person/s from

disclosing the facts to the Court or any police officer.

(d) The Applicant shall not tamper with the evidence in any

manner.

(e) The Applicant shall cooperate with the Investigating Officer

in the process of investigation of the present Crime.

Shantanu S. Dhudum
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41-ABA-394-2026 (CR).DOC

(f) The Applicant shall not indulge in a similar offence.

9. Criminal Anticipatory Bail Application No.394 of 2026 disposed

of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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