Prohibited gutka storage may attract Section 328 IPC, and anticipatory bail can be refused when custodial interrogation is necessary.

Storage of prohibited gutka and pan masala intended for sale was treated as capable of attracting Section 328 IPC, where the material showed seizure of a large quantity, false denial of possession, and circumstances suggesting a wider supply network. The Court preferred the contrary Division Bench reasoning, noted that the earlier view relied on by the applicant had been stayed, and held that the need to trace the source and purchasers justified custodial interrogation. Anticipatory bail was therefore refused and pre-arrest protection declined.

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Issues: Whether the applicant was entitled to pre-arrest protection in respect of alleged storage and intended sale of prohibited gutka and pan masala, and whether the offence under Section 328 of the Indian Penal Code was made out so as to justify refusal of anticipatory bail.

Analysis: The material indicated seizure of a large quantity of prohibited tobacco-related products and the applicant's attempt to deny ownership and possession was found to be false. The Court held that storage of such contraband for sale, in the context of products known to be harmful and declared unsafe under the food safety regime, could attract Section 328 of the Indian Penal Code. The earlier view relied upon by the applicant was noted to be stayed, and the Court preferred the contrary reasoning of another Division Bench. The Court further found that the scale of the seizure, the possibility of a manufacturing or distribution network, and the need to trace the source and purchasers made custodial interrogation necessary for a fair and effective investigation.

Conclusion: The applicant was not entitled to anticipatory bail, and the refusal of pre-arrest protection was upheld.

Final Conclusion: Pre-arrest protection was declined because the allegations disclosed a serious offence involving prohibited contraband and custodial interrogation was considered necessary.

Ratio Decidendi: Storage of prohibited gutka or pan masala intended for sale may attract Section 328 of the Indian Penal Code, and anticipatory bail can be refused where custodial interrogation is necessary for effective investigation.

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