SAYED MUJAHID SAYED FAROOQUE v. THE STATE OF MAHARASHTRA
ABA/1539/2026 · 2026-09-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10133 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10133 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 - aba1539.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
24 ANTICIPATORY BAIL APPLICATION NO. 1539 OF 2026 Sayed Mujahid Sayed Farooque ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. G. R. Syed, Advocate for Applicant Mr. S. B. Narwade, APP for the State.
CORAM : R. M. JOSHI, J.
DATE : 21st SEPTEMBER, 2026.
PER COURT :
1. Applicant seeks pre-arrest bail in connection with Crime No. 0261/2026 registered with Kranti Chowk Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Sectins 123, 223, 274, 275 r/w 3(5) of Bharatiya Nyaya Sanhita and Section 59 of the Food Safety and Standards Act.
2. First Information Report reveals that secret information was received by the concerned Police Station indicating that in the premises of the present Applicant, huge quantity of contraband gutka and pan masala are stored. Accordingly, the place was raided. Contraband worth Rs. 14,02,405/- came to be seized.
- 2 - aba1539.26.odt
3.
Learned Counsel for Applicant submits that on the same day, two difference offences came to be registered against the Applicant and in respect of one of them, Applicant has been granted pre-arest bail by the Sessions Court. It is his submission that having regard to said fact, present application also deserves to be allowed. He further submits that here in this case nothing is to be recovered at the instance of the Applicant as such custodial interrogation of the Applicant is not necessary.
4. Learned APP opposed grant of any protection to the Applicant by considering similar crime registered against him. It is his submission that Applicant is the owner of the premises from which the contraband is seized. He also drew attention of the Court to registration of another crime against him wherein from the godown of present Applicant, similar contraband was seized. He submits that considering the huge quantity of contraband being found in the premises of the Applicant, his custodial interrogation would be necessary to ascertain from where the said contraband has been obtained by him since manufacturing of said contraband is prohibited in the State of Maharashtra.
- 3 - aba1539.26.odt
5. Perusal of record indicates that Applicant was earlier involved in similar crime. Here in this case, huge quantity of contraband is seized from the Applicant. There is no reason to believe that the Applicant is falsely implicated in this crime. As far as custodial interrogation of the Applicant is concerned, this Court finds substance in the contention of learned APP. In such circumstances, granting bail to a person who repeatedly commits such crime would be abuse of process of law. Hence, application stands dismissed.
( R. M. JOSHI, J.)
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