1 ABA.75-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.75 OF 2011 Shri Anant Kamalakar Samant. .. Applicant. Versus The State of Maharashtra .. Respondent. .... Mr.M.S. Karnik, Advocate for the Applicant. Mr.J.P. Kharge, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 25th MARCH, 2011. P. C. : 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant apprehending his arrest in connection with P.C.R. No.1/2010 registered with Bangur Nagar Police Station, Malad (West), Mumbai for the offence punishable under Section 66(i)(b) of Prohibition Act read with Sections 220, 221 Rule (I) read with Section 33(i)(wa) read with Section 131 of 2 ABA.75-11 Bombay Police Act 2. When the matter was before the earlier Bench, interim relief was already granted and certain directions were given to the applicant to attend the Bangur Nagar Police Station, Malad (West), Mumbai. Reportedly, said directions have been complied, as stated by learned A.P.P. on instructions from the Investigating Officer who is present in Court. 3. As directed by this Bench on the last date i.e. on 18th March, 2011 asking the Investigating Officer to file affidavit along with report of Chemical Analyzer concerning the Hookah material found in the Hookah Parlour, owned by the applicant and run by the Manager, today, the said affidavit along with copy of the C.A. report and copy of the pachnama, is filed. The C.A. report discloses that all the five samples contained Nicotine, however, no Narcotic Drug or psychotropic substances were found in the samples. 4. During the arguments, learned A.P.P. submitted that said Hookah Parlour was being run in “No Smoking Zone”. He further submitted that the Manager of the Parlour was already arrested and released on bail. 3 ABA.75-11 5. Considering the above circumstances and specifically the contents of the C.A. report, in the opinion of this Court the present application can be allowed with certain directions as to attendance to the concerned police station and cooperation with the investigation. Hence, the order :- :: O R D E R :: [i] Criminal Application No.75 of 2011 for anticipatory bail is allowed and accordingly disposed of. [ii] In the event of arrest of the Applicant - Shri Anant Kamalakar Samant in P.C.R. No.1/2010 registered with Bangur Nagar Police Station, Malad (West), Mumbai, he shall be released on bail on his executing a P.R. bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand Only) with one surety in the like amount. [iii] In the event of arrest and availing the bail, as above, the Applicant shall attend the concerned Police Station on every Monday between 10:00 a.m. to 12:00 noon, till filing of the chargesheet. (A. R. JOSHI, J.) PPD