1 Criminal Application No.1822/2011 with Criminal Application No.1853/2011 &1667/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1822 OF 2011 Balraj Chamansing Maurya & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.R. Mantri, Advocate holding for Shri P.N. Kutti, Advocate for applicants S/Shri V.H. Dighe & N.B. Patil, A.P.P. for respondent ..... W I T H CRIMINAL APPLICATION NO.1853 OF 2011 Anil s/o Dashrath Gujar & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri C.R. Deshpande, Advocate for applicants S/Shri V.H. Dighe & N.B. Patil, A.P.P. for respondent ..... W I T H 2 Criminal Application No.1822/2011 with Criminal Application No.1853/2011 &1667/2011 CRIMINAL APPLICATION NO.1667 OF 2011 Ilaloddin Mohammad Ibrahim & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri C.R. Deshpande, Advocate for applicants S/Shri V.H. Dighe & N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 4th May, 2011 PER COURT : 1. Heard finally. The applicants Ilaluddin and others in Criminal Application No.1667/2011 are drivers from the respective vehicles, which were found possessing incriminating Gutkha. The applicants Anil and another in Criminal Application No.1853/2011 are reportedly Watchmen at the godown. The applicants Balraj and Pramod in Criminal Application No.1822/2011 are either Store Keeper and Watchman. 2. Based on discreet information, a raid was arranged and hoppingly truck laden with unauthorised transport of Goa 3 Criminal Application No.1822/2011 with Criminal Application No.1853/2011 &1667/2011 100 Gutkha packets were found, which were even misbranded. They were in the plastic packets prohibited by virtue of orders of Ministry of Environment and Forests Notification dated 4.2.2011, inhibiting user of plastic packets called as plastic pouches (Manufacture, Usage and Waste Management) Rules, 2009. 3. Learned A.P.P., while vehemently opposing the release of the accused on bail, informs that, it is a systematic network of evader of taxes to prepare the pouches and circulate it in the market and the excise duty is evaded and misbranding is there. He informs, the main culprits are not yet traced. According to him, accused Balraj knows details of some of his mentor, but not disclosed and hence, custody is imperative. 4. The accused Balaji and Promod were in police custody for virtually 11 days. The investigator did not elicit any information from them. They are now in magisterial custody. Keeping them in magisterial custody would not be making any acceleration to know the main culprits. The investigator though tried at his level best, could not get success. The record, which are to be traced, does not warrant custodial interrogation of the accused/ applicants. 4 Criminal Application No.1822/2011 with Criminal Application No.1853/2011 &1667/2011 5. The other accused Ilaluddin and others are drivers on the vehicles, no role barring transporting the goods for wages. The applicant Anil and another were Watchmen, cannot be attributed with knowledge of transporting or the unauthorised sale of Goa 1000 Gutkha or that they were illegally packed in the plastic pouches for inhibiting by Government. 6. The accused/ applicants are in custody for more than one month. Considering the offences levelled against them, further custody not expected. Care can be taken to procure their attendance. Hence order : O R D E R (i) The Criminal Application Nos.1822/2011, 1853/2011 and 1667/2011 are allowed. Each of the accused/ applicants be released on their furnishing P.R. bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand). (ii) The accused/ applicants Balraj Chamansing Maurya and Promod Atmaram Hansawal shall attend the investigator 5 Criminal Application No.1822/2011 with Criminal Application No.1853/2011 &1667/2011 on every Thursday and Sunday between 3.00 p.m. to 6.00 p.m. till charge sheet. The accused/applicants Anil Dasharath Gujar Vasant Narayan Suryavanshi, Ilaloddin Mohammad Ibrahim, Mohammad Anwar Mohammad Sayeed, Dadaji Punjaram Bagul, Hukumsing Pramodprasad Varma, Bantising Asaram Varma, Hakimsing Badamsing Bagel and Ramdhar Harpalsing Harpal shall attend the investigator on every Sunday between 3.00 p.m. to 6.00 p.m. till charge sheet. (iii) The accused/ applicants shall cooperate the investigator if investigator has collected additional material to highlight the details in the respective documents. Applications allowed as above, finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri11822.1121