- (1.)Heard.
(2.)The applicant is seeking pre-arrest protection in Crime No. 248/2021, registered with the Police Station, Pinjar, Taluka Barshitakali, District Akola for offence punishable under Sections 188, 272, 273, 328 of the Indian Penal Code and Sections 26(2)(i), 27(2)(e), 30(2)(a) and Section 59 of the Foods Safety and Standard Act, 2006. It is primely contended that at the time of seizure, applicant was not present at said place therefore, he cannot be connected with the seizure. It is submitted that the applicant is mere agriculturist having no antecedents. Moreover, it is submitted that contraband articles are alreasy seized. The State resisted bail by filing reply affidavit. Besides reproducing contents of First Information Report (FIR), it has been stated that the applicant has stored large quantity of banned sainted 'Pan Masala ' (Gutka) for the purpose of sale. The matter is under investigation. Hence, application prayed to be rejected.
(3.)At the instance of report lodged by the Police Officer, the crime was registered. It is the prosecution case that the Police have received secrete information that the applicant has stored banned articles namely 'Gutka ' in large quantity at his resident. Accordingly, Police arranged for raid and went to the applicant 's house with Panch witness. During house search, the Police found one nylon bag containing banned 'Gutka ' pouches. Precisely, those pouches were having brand name like Bahar, BHR Tobacco, Nazar Tobaco, Vimal Tobacco, Vah Tobacco total worth Rs. 12,150/-. On inquiry, applicant 's wife discloses that the said banned material was kept by her husband i.e. applicant in their house. The Police seized banned articles under Panchanama, took samples and sent for examination.