1 CR.APL NO.1849/2011 & 1850/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 906. APPLN/1849/2011 GAURAV PRAKASH CHAWALA [Criminal] V/S THE STATE OF MAHARASHTRA AND ANR WITH APPLN/1850/2011 PRAKASH GOPALDAS CHAWALA V/S THE STATE OF MAHARASHTRA AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. C.R.Deshpande, Adv., for the applicants. Mr. V.H.Dighe & Mr.N.B.Patil, APPs, for State. ... CORAM: K.U.CHANDIWAL, J. DATE:4/5/2011 1. Heard Shri Deshpande for the applicant extensively and learned A.P.P. 2. Mr.Deshpande submits that the accused/applicants are transporters and have seldom any role in the affairs of the illegal transport of "Goa 1000" Gutkha and, indeed, knowledge cannot be attributed to the accused/applicants. These assertions of the learned Counsel are contrary to the record. The transportation carried by the applicant was without any valid receipt, his firm, to which Mr.Deshpande has given 2 CR.APL NO.1849/2011 & 1850/2011 reference, has no registration number. The godown where the goods were found, belongs to the accused/applicants. Stacking of Goa 1000 Guthaka boxes cannot be said to be without any knowledge. Sai Logisticks Pvt.Ltd. to which reference was given by Mr.Deshpande, has no legal identity nor any permission is rendered in favour of the said firm. 3. Taking these aspects of the matter into consideration, the source of collecting huge quantity of Guthka, that too, mis-branding and in the plastic pouches which are inhibited to be used, circulated in the market, calls for custodial interrogation. No case for discretion in terms of Section 438 Cr.P.C. Applications dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/1849-11crapl