1 34-Cr.BA-1114-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1114 OF 2026 Rupesh S/o Tarachand Pawar -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. S.A. Mohta, Advocate for the Applicant. Mr. N.R. Rode, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 11, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.405/2026 for the offences punishable under Sections 123, 274, 275, 223 of the Bharatiya Nyaya Sanhita, 2023 and Section 59 of Food Safety and Standards Act, 2006, registered with Police Station Washim (Rural), District Washim. 3. The First Information Report (F.I.R.) was registered on the basis of a written report lodged by the Informant, a Food Safety Officer, alleging that on 01/08/2026, accused Rupesh Tarachand Pawar was intercepted when he was transporting prohibited gutkha, pan masala and scented tobacco in a Mahindra Supro i.e. the crime vehicle on behalf of Piyush Mahajan 2026:BHC-NAG:12112 2 34-Cr.BA-1114-2026 accused Vijay Dhondiram Tapadia. The prohibited articles, valued at Rs.97,49,930/-, along with the vehicle, were seized. It was further alleged that the accused had stored and transported the said prohibited food articles in violation of the Food Safety and Standards Act, 2006 and the relevant prohibitory order. Based on these allegations, the First Information Report (F.I.R.) came to be registered. 4. The learned counsel for the applicant submits that the applicant is merely a driver and was apprehended while transporting the prohibited articles in the Mahindra Supro. He submits that neither the Mahindra Supro nor the prohibited articles belong to the applicant. According to him, the applicant was only carrying the said articles as instructed by the owner and was in the process of delivering them as directed. Therefore, it is submitted that the applicant has no connection with the ownership of the prohibited articles. He further submits that, except for Sections 123 and 223 of the BNS, all the other offences are either non-cognizable or bailable. He submits that Section 59 of the FSS Act comprises two parts and that, insofar as the present case is concerned, the allegations would fall under sub-section (1) of Section 59. He therefore submits Piyush Mahajan 3 34-Cr.BA-1114-2026 that the maximum punishment prescribed under the said provision is imprisonment for one month. Under such circumstances, insofar as the applicability of Section 123 of the BNS is concerned, the learned counsel submits that the issue is presently pending consideration before the Hon’ble Supreme Court. In view thereof, he prays that the applicant be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the prohibited articles were found in the Mahindra Supro being driven by the applicant. He submits that the total value of the said prohibited articles is more than Rs.5 lakhs. He further submits that the applicant was apprehended red-handed along with the prohibited articles and, therefore, it cannot be accepted that he was unaware of the nature of the articles being transported by him. He submits that, having been apprehended red-handed while transporting the prohibited articles, the applicant is not entitled to be released on bail. 6. I have considered the rival submissions. It appears that, insofar as Section 123 of the BNS is concerned, the issue is presently pending consideration before the Hon’ble Supreme Court. It further appears that the remaining offences are Piyush Mahajan 4 34-Cr.BA-1114-2026 bailable. Though the applicant was apprehended red- handed by the Investigating Agency, it appears that he is merely the driver of the vehicle. Under such circumstances, the applicant is neither the owner of the Mahindra Supro nor the owner of the prohibited articles. Considering the role attributed to the applicant, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Rupesh S/o Tarachand Pawar) be released on regular bail in connection with Crime No.405/2026 for the offences punishable under Sections 123, 274, 275, 223 of the Bharatiya Nyaya Sanhita, 2023 and Section 59 of Food Safety and Standards Act, 2006, registered with Police Station Washim (Rural), District Washim, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The applicant shall not commit any offence of a similar nature in future. In the event of the applicant committing any such Piyush Mahajan 5 34-Cr.BA-1114-2026 offence, the State shall be at liberty to seek cancellation of the bail granted to him; (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (viii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 11/09/2026 18:23:08