Judgment 1 J-APL No.2096.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 2096 OF 2026 Avinash S/o Ganpati Chalakh, Aged 36 years, Occ. Agriculturist, R/o. Makarda Mohalla, War No.3, Post and Tq. Chamorshi, Distt. Gadchiroli. …. APPLICANT // VERSUS // 1) State of Maharashtra, Through Police Station Officer, Mul Police Station, Distt. Chandrapur. 2) Food Safety Officer, Food and Drug Administration (M.S.) Chandrapur. …. N ON-APPLICANTS _____________________________________________________________ Mr. S. A. Mohta, Advocate for applicant. Mr. M. J. Khan, Additional Public Prosecutor for non- applicants. _____________________________________________________________ CORAM : M.W. CHANDWANI, J. DATED : SEPTEMBER 23, 2026 ORAL JUDGMENT : 1. Admit. Heard finally by consent of the learned counsel appearing for the parties. 2. The applicant seeks quashing of the First Information Report (FIR) No.553/2026, dated 23.07.2026, registered with Police 2026:BHC-NAG:12689 Judgment 2 J-APL No.2096.2026.odt Station, Mul, District Chandrapur for the offences punishable under Sections 26(1), 26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006 as well as Sections 123, 223, 274, 275 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short the “BNS”). 3. The FIR indicates that on 23.07.2026, the Police officials of Police Station Mul while patrolling, intercepted one Hero Splender motorcycle bearing registration No. MH 34 CH 5382. During the search of the said motorcycle, contraband scented Ghutka/tobacco worth of Rs.1,08,550/- was found from a bag in the said motorcycle of co-accused Suraj Ishwar Lonbale and Yash Ravindra Nimgade, who were travelling on the said motorcycle. The said contraband articles were seized from the custody of the co-accused. When the police questioned the co-accused regarding purchase and supply of the said contraband articles, they informed that the said contraband articles belong to the present applicant. Therefore, the present applicant was also made an accused in this case. On complaint of non-applicant No.2, the aforesaid offences came to be registered against co-accused Suraj Ishwar Lonbale, Yash Ravindra Nimgade and the present applicant. Judgment 3 J-APL No.2096.2026.odt 4. It appears that the entire case of the prosecution relies on the confessional statement of co-accused-Suraj Ishwar Lonbale and Yash Ravindra Nimgade. There is no other material against the present applicant. 5. It is a settled law of criminal jurisprudence that statement of a co-accused cannot be relied upon without any substantive material against the other co-accused. The statement of co-accused can only be relied upon to lend assurance. It is only one of the elements for consideration amongst all the other facts to be proved in a particular case, and therefore, such confession must be supported by other evidence before it is taken into consideration. 6. In the present case, the prosecution has mainly relied upon the confessional statement of co-accused – Suraj Ishwar Lonbale and Yash Ravindra Nimgade to establish the involvement of the present applicant in commission of the offence, i.e. seller/purchaser of the prohibited contraband articles. 7. As stated above, for relying on the statement of the co- accused, two conditions must be fulfilled. Firstly, the accused who made the confessional statement should also make an inculpatory statement implicating himself as well as the co-accused against whom Judgment 4 J-APL No.2096.2026.odt the statement is being used. Secondly, the said statement may be used by the Court only to lend assurance/corroboration to the other available evidence. In the present case, except the statement of co- accused – Suraj Ishwar Lonbale and Yash Ravindra Nimgade, there is no other material whatsoever against the present applicant showing his involvement. There is no statement of co-accused – Suraj Ishwar Lonbale and Yash Ravindra Nimgade admitting their guilt. It is only upon enquiry by the police, that co-accused– Suraj Ishwar Lonbale and Yash Ravindra Nimgade stated that the applicant was the seller/purchaser of the said contraband articles. Thus, co-accused – Suraj Ishwar Lonbale and Yash Ravindra Nimgade while making such statements, did not make any inculpatory statement implicating themselves in the offence along with the present applicant. Therefore, the said piece of evidence, even otherwise, cannot be relied upon. 8. Undisputedly, except the statement of co-accused – Suraj Ishwar Lonbale and Yash Ravindra Nimgade that the present applicant is the seller/purchaser of the contraband articles, there is no other material available on record to show the direct involvement of the applicant in the crime. Even if the material relied upon by the prosecution in the entire charge-sheet against the present applicant is accepted, no conviction can be secured against the present applicant. Judgment 5 J-APL No.2096.2026.odt 9. In view of the above, a case is made out for exercising the inherent powers of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the FIR. Accordingly, I proceed to pass the following order : (i) The Criminal Application is allowed. (ii) FIR No.553/2026, dated 23.07.2026, registered with Police Station, Mul, District Chandrapur for the offences punishable under Sections 26(1), 26(2)(i), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006 as well as Sections 123, 223, 274, 275 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, is hereby quashed and set aside, qua the present applicant. 10. The criminal application is disposed of. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 24/09/2026 17:30:27