Thane: The Thane sessions court presided by additional session’s judge, V L Bhosale, has granted anticipatory bail to a man against whom Navghar police registered a case for allegedly possessing prohibited tobacco products, including gutkha, pan masala, and scented tobacco, worth around Rs 25.20 lakh.
Court Relies on Bombay HC Ruling
While passing the order, the court relied on a Bombay High Court ruling that held the manufacture or possession of gutkha and pan masala does not amount to “administering poison or unwholesome substances” under Section 328 of the Indian Penal Code (now Section 123 of the Bharatiya Nyaya Sanhita).
Doubt Over Accused’s Involvement
The court noted that the prosecution’s case was primarily based on the alleged recovery from a locked premises. There was no direct evidence linking the accused, Gaurav Hapani, to the alleged storage or sale of the seized products. Hapani produced a heavy deposit agreement showing the premises had been leased to a third party, creating doubt about his direct involvement.
The prosecution cited a witness statement claiming Hapani allegedly once referred to “gutkha material” being delivered at the premises. However, the court held that such testimony amounted to hearsay and could not be treated as strong evidence at this stage.
Past Case Discharge Weakens Prosecution
The judge also highlighted that Hapani had been discharged in a similar alleged gutkha case, under Section 328 IPC and Section 59 of the Food Safety and Standards Act (FSSA). The court said this discharge order significantly weakened the current prosecution’s case and raised doubts about the applicability of Section 123 BNS in such matters.
“The mere registration of previous cases does not establish criminal culpability. The law presumes innocence. Multiple registrations followed by discharge or weak prosecution may indicate harassment rather than criminal conduct,” the court observed.
Prosecution Failed to Justify Custody
The court noted that except for Section 123 BNS, all other charges under the Food Safety and Standards Act are bailable. It held that the prosecution failed to establish the need for custodial interrogation, particularly when the accused was a local resident and had cooperated with the investigation.
While acknowledging the alleged large value of the seized goods, the court said this had to be balanced against weak legal foundations, questionable evidence, and the presumption of innocence.
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Police Seizure Details
According to the prosecution, acting on a tip-off, police conducted a raid at Shop No. 1, A-Wing, Golden Eagle Apartment, Golden Nest Road, Bhyandar (East), and allegedly recovered banned tobacco products worth over Rs 25 lakh. The accused claimed the shop had been leased on a heavy deposit to for commercial use, and he had no knowledge of the alleged activities.
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