Mumbai, February 2, 2022 – Firoz Halim Khan, a 44-year-old pan shop owner, has been granted bail by the Sessions Court for Greater Mumbai in connection with the seizure of gutkha and pan masala from his shop. The order, issued by Additional Sessions Judge Shri B.V. Wagh in Court Room No. 24, comes in response to Criminal Bail Application No. 207 of 2022, filed by Khan.

Khan was arrested in connection with Crime No. 12/2022, registered at R.A.K. Marg Police Station, following a raid on his pan shop on January 21, 2022. The raid, conducted based on a secret tip-off, resulted in the seizure of gutkha and pan masala worth ₹1,936. Consequently, Khan was charged under Sections 328 (causing harm by means of poison, etc., with intent to commit an offense), 272 (adulteration of food or drink intended for sale), 273 (sale of noxious food or drink),¹ 188 (disobedience to order duly promulgated by public servant), and² 179 (refusing to answer public servant authorized to question) of the Indian Penal Code, along with relevant sections of the Food Safety and Standards Act, 2006.

During the hearing, Khan’s advocate, Mr. Raees Khan, argued for his release, while Ms. Ratnavali Patil, the learned Additional Public Prosecutor (APP), represented the State.

Judge Wagh, after reviewing the investigation papers, noted that while gutkha and pan masala were indeed seized from Khan’s shop, there was no evidence to suggest that he had administered or caused anyone to consume the seized substances. The court also acknowledged that the entire stock had been seized and samples had been sent for chemical analysis, indicating that the prosecution had collected sufficient prima facie evidence for trial.

Furthermore, the court considered that Khan had been in custody since January 21, 2022, had no prior criminal record, and that the investigation had progressed considerably. “As such, further detention of the applicant is unwarranted,” Judge Wagh stated in his order.

The court granted bail to Khan under the following conditions:

• He must furnish a Personal Recognizance (P.R.) Bond of ₹15,000 along with a surety of the same amount.
• He must provide his residential address proof and contact numbers to the Investigating Officer.
• He is prohibited from directly or indirectly influencing, threatening, or promising any person acquainted with the case to dissuade them from disclosing facts to the court or police.
• He is forbidden from leaving India without the court’s prior permission.
• The bail is to be executed before the Lower Court.

The decision to grant bail highlights the court’s consideration of the specific circumstances of the case, including the relatively small value of the seized goods and the lack of evidence of direct harm caused to any individual. It also underscores the importance of balancing the need to enforce public health regulations with the individual’s right to liberty.