Nagpur – Division bench of Supreme Court comprising of Justice Surya Kant and Justice JK Maheshwari stayed the attests of Sheikh Raees and Sheikh Nisar Shaikh Kadar who were accused of trading Gutkha and pan masala which is banned in Maharashtra.
Sheikh Raees and Sheikh Nisar were accused in Crime No.
286/2022, u/S. 188, 273, 328 of I.P.C., r/w. Sec. 26(2)(iv) and 59(i) of Food Safety and Standard Act, 2006 by the Buldhana Rural police station on the report lodged by the PHC Ramvijay Rajput.
The case of prosecution was that complainant Ramvijay Rajput, P.H.C., P.St. Buldana (Rural) has lodged complaint before P.S.O., Buldana (Rural) on Dt. 08.09.2022 against Shaikh Salim Shaikh Ismail, R/o. Chikhli and Shaikh Shakil Shaikh Sattar, R/o. Deulghat, alleging therein that, while the accused Shaikh Salim Shaikh Ismail was travelling by Vehicle of Tata Company, bearing Regn.No. MH-28-B-8816, the complainant has stopped the vehicle of said Shaikh Salim Shaikh Ismail and during search found that, the contraband Pan Masala. It is further alleged that, during enquiry, accused No. 1 Shaikh Salim Shaikh Ismail told that, the alleged Muddemal was of accused No. 2 Shaikh Shakil Shaikh Sattar and on his say, he has brought the alleged Muddemal from Burhanpur, Madhya Pradesh.
As they were apprehending their arrest Raees and Nisar had preferred application for Anticipatory Bail before learned Sessions Court, Buldhana and prosecution had opposed that said application by filing its say. That, on 28-09-2022, the learned Sessions Court, Buldhana was pleased to reject the bail application.
Thereafter they had approached before Bombay High Court Nagpur Bench. Their bail application was rejected by high court on 22-11-22. Therefore they had approached Supreme Court in special leave petition.
On hearing the counsel for Raess and Nisar, Supreme Court stayed their arrests.
Adv Mir Nagman Ali appeared for Sheikh Raees and Sheikh Nisar.
