Shaikh Mohammed Ismail & Anr. vs State Of Maharashtra & Anr.

(PER : URMILA JOSHI-PHALKE , J.)

Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.

Both applications are filed by the applicants for the quashing of the First Information Report in connection with Crime Nos. 0978/2023 and 0979/2023, registered under Sections 188,273 and 328 of the Indian Penal Code read with Section 26(1), 26(2)(i), 26(2)(iv) and 30(2)(a) of the Food Safety and Standards Act, 2006 They further prayed to quash and set aside the charge-sheet bearing Nos. 157/2024 and 158/2024, registered under Sections 188,273, 328, 420 and 471 of the Indian Penal Code read with Section 26(1), 26(2)(i), 26(2)(iv) and 30(2)(a) and 59 of the Food Safety and Standards Act, 2006, pending before the Judicial Magistrate First Class, Ballarpur, District Chandrapur.

The acquisition against the present applicants is that, on the say of the present applicants, the other co-accused have transported the contraband articles and proceeded to deliver the same. However, the truck bearing number MH-25-U-1211 and another TS-7-UE-7206, the consignment of panmasala for Rs.66,00,000/-(Sixty Six Lakhs), approximately, was being transported from Bidar, State of Karnataka to a certain destination which is not disclosed in the First Information Report, nor it is narrated by the Counsel of both parties. The relevant fact is that two trucks carrying the aforesaid consignment were traveling to Ballarpur District Chandrapur. The trucks were intercepted by the Ballarpur Police Station. The pan masala, i.e., the contraband articles, were seized. The drivers of the said trucks informed the investigating agency that on the say of the present applicants and the owners of the trucks, they are transporting the said contraband articles. The drivers were arrested, and two trucks were also seized by the police.

Learned Counsel for the applicant submits that, accepting the statements of the co-accused drivers, there is absolutely no evidence to show that these three persons are either connected with the other co-accused or they have any connection with the said consignment. He has also invited our attention towards the various statements of witnesses, including the statement of the Manager working with the company owned by Mr. Suryaprakash Pande, who is the manufacturer of Sagar pan masala. The witness stated that he does not know other applicants. Thus, the Manager of the company, where the pan masala is manufactured, has stated that he does not know the applicants.

The learned Additional Public Prosecutor also submitted that the prosecution is relying upon the statements of the drivers who are the co-accused, and the invoice that was seized by the Investigating Agency would show that the consignment was ‘poha’, not the ‘pan masala’, and the name of the company appears on the invoice. The Consignee is the Arora Traders in Madhya Pradesh. This consignment, in our view, is not sufficient to connect the present applicant with the crime.

Considering the entire evidence on record, except the statement of the co-accused, i.e., drivers, there is no other material to connect the present applicant with the offence, showing that they have any connection with the consignment. In view of that, no prima facie case is made out against the present applicant, and the continuation of proceedings against them would be a futile exercise and would amount to an abuse of the process of law.

In view of that, both the applications deserve to be allowed.

The applications are disposed of.