Bombay High Court

NARAYAN ARJUN HUGARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court granted regular bail to the applicant subject to conditions.

Summary

The applicant, Narayan Arjun Hugar, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for offences under Sections 123, 275, 274, 223 of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Food Safety and Standards Act, 2006. He was arrested for transporting prohibited tobacco products in his vehicle, which he claims he did not own and that he was unaware were illegal, asserting that the main charge under Section 123 is pending before the Supreme Court. The lower court had denied bail, but the High Court noted his lack of prior criminal record and the pending Supreme Court decision. Relying on earlier decisions of the same court, the judge granted bail with a Rs. 50,000 bond and several conditions, including not tampering with evidence and regular court appearances. The bail application was therefore allowed and disposed of.

Issues considered

Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged transport of prohibited tobacco products.
Whether the pending Supreme Court decision on the interpretation of Section 123 of the Bharatiya Nyaya Sanhita, 2023 affects the grant of bail.
Whether lack of knowledge of the prohibited nature of the articles negates culpability under Section 123.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275
Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a), 59

Subjects

bail
transport of prohibited goods
Section 123 Bharatiya Nyaya Sanhita
Food Safety and Standards Act
pending Supreme Court decision
no prior criminal record

Judgment

909-BA-930-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 930 OF 2026
Narayan Arjun Hugar ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondents
----
Mr. Vivek Shere a/w H. Shinde i/b Changdev Shingade, Advocate for
the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
GPSI Salve, Mandrup Police Station, is present.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th October, 2026.
P.C. :

1. Heard, Mr. Vivek Shere, learned Advocate for the Applicant and

Mr. S. S. Chaudhari, learned APP for the Respondent – State.

2. By the present Application filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is before this

Court seeking Regular Bail in connection with Crime No. 369 of 2026,

registered at Mandrup Police Station, for offences punishable under

Sections 123, 275, 274 and 223 of the Bharatiya Nyaya Sanhita, 2023

and Sections 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e) and 30(2)(a) read

with Section 59 of the Food Safety and Standards Act, 2006.

3. Mr. Vivek Shere, learned Advocate for the Applicant, states that
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there are two (2) accused persons in the present crime, Applicant being

Accused No. 1.

4. Applicant was arrested on 03.09.2026. Criminal Bail Application

No. 938 of 2026, filed by the Applicant, was rejected by the Additional

Sessions Judge, Solapur, on 17.09.2026.

5. Mr. Vivek Shere, learned Advocate for the Applicant, states that

the Applicant owns a transport vehicle that was apprehended by the

police. Prohibited articles (i.e. paan masala/tobacco products), which

are prohibited in the State of Maharashtra, were found in the vehicle.

He further states that although the Applicant owns the transport

vehicle, he is not the owner of the articles that were transported from

the State of Karnataka .He submits that the main offence is under

Section 123 of the Bharatiya Nyaya Sanhita, 2023. He submits that the

Applicant was merely transporting the material without knowledge that

it was prohibited. He submits that the issue pertaining to Section 123 of

the BNS (earlier Section 328 of the Indian Penal Code, 1860) is pending

before the Hon’ble Supreme Court in the case of Anand Ramdhani

Chaurasia v/s. The State of Maharashtra (foot note). He submits that

the Applicant has no criminal antecedents. He relies on the following

decisions of this Court in the case of :-

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I. Rashid Rukmuddin and Another v/s. The State of

Maharashtra1,

II Tushar B. Bhamare v/s. The State of Maharashtra2,

III Ahefaz Iqbal Memon alias Menon v/s. The State of

Maharashtra3,

IV Dipak Maharajsing Yadav v/s. The State of Maharashtra 4

and

V. Karan Ramabhai @ Karamshibhai Hamabhai Jograna and

Another v/s. The State of Maharashtra5.

6. Mr. S. S. Chaudhari, learned APP for the Respondent – State,

does not dispute that the Applicant is the owner of the vehicle used to

transport the prohibited articles. He also does not dispute that the issue

under Section 123 of the BNS is pending before the Hon’ble Supreme

Court.

7. Perused the records with the assistance of the learned Advocates

1 Criminal Bail Application No. 403 of 2023 decided on 6th March, 2023.

2 Criminal Bail Application No. 579 of 2025 decided on 26th February, 2025.

3 Criminal Bail Application No. 1463 of 2022 decided on 16th January, 2023.

4 Criminal Bail Application No. 45 of 2024 decided on 1st February, 2024.

5 Criminal Bail Application No. 273 of 2024 decided on 8th March, 2023.

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for the parties.

8. Perusal of the records, prima facie, reveals that the Applicant is a

Transporter. The applicability of Section 123 of the BNS is pending

before the Hon’ble Supreme Court. The Applicant has no criminal

antecedents.

9. Considering the circumstances of the present case, the pending

status of the said provision before the Hon’ble Supreme Court, and the

view taken by this Court in similar matters, the Applicant is granted

bail.

10. In view of the above, the present Bail Application is allowed on

the following conditions :-

(a) Applicant is directed to be released on Bail in

connection with C.R. No. 369 of 2026, registered with

Mandrup Police Station, upon furnishing a P.R. Bond in

the sum of Rs. 50,000/- (Rupees Fifty Thousand Only)

with one or two sureties, in the like amount, to the

satisfaction of the Additional Sessions Judge, Solapur,

in Crime No. 369 of 2026.

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(b) Applicant shall not, directly or indirectly,

make any inducement, threat or promise to any person

acquainted with the facts of the case to dissuade that

person from disclosing the facts to the Court or any

police officer. Applicant shall not tamper with evidence.

his release from jail, provide to the Investigating

Officer, Mandrup Police Station, his residential address

with proof, the contact numbers and must inform the

Investigating Officer about the change in the same from

time to time.

(d) Applicant shall regularly appear before the

Trial Court upon the filing of the chargesheet in C.R.

No. 369 of 2026.

(e) Applicant shall not indulge in similar

offences punishable under the NDPS Act.

(f) In the event of any default in complying

with the conditions or misuse of the liberty granted to

the Applicant, the prosecution shall be at liberty to seek
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cancellation of the bail.

11. Bail Application No. 930 of 2026 is disposed of.

(Ashwin D. Bhobe, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.09
10:35:31
+0530

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