TaxTMI 
TaxTMI 
2020 (12) TMI 1421
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....1.9.2020 in view of the decision of the Division Bench in Anand Ramdhani Chaurasia & Anr..vs.. State of Maharashtra & Ors (2020(1)Mh.L.J. (Cri.)707, which was pressed in service by the learned counsel Mr. R.H. Rawlani. 4. Today, the learned APP Mr. V.A. Thakare has pointed out that the decision of the Division Bench which was pressed in service by the learned counsel for the applicant was already stayed by the Apex Court vide order dated 31.8.2018 in Special Leave Petition (Criminal) Diary No. 8224/2020. The learned counsel Mr. R.H. Rawlani states that he was unaware of the order of the Apex Court. 5. Adverting to the facts, the applicant preferred Misc. Criminal Application 2310/2020 before the learned Sessions Court seeking pre-arre....
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....ant is the falsity of the assertions made on oath. 7. Thrust of the submissions canvased by Mr. R.H. Rawlani is that the only serious and non-bailable offence is under section 328 IPC, and the said provision is clearly not attracted. The submission is that section 328 IPC would come into play only if a person administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt. The extension of the submission is that unless the goods seized are declared to be unsafe in the food analysis, the applicant cannot ....
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....ved in the said decision, thus: "5. The contention that the provision of section 328 of IPC cannot be used in the present case also is not acceptable. This provision shows that whoever administers to or causes to be taken by any person anything which is likely to cause hurt then he can be punished under provision of section 328 of IPC. Specific person to whom the thing is administered or the specific incident in which it was caused to be taken need not be mentioned in the case like present one. The persons who are indulging in to illegal activity like possessing and selling the substances which are likely to cause hurt are covered by the provision of section 328 of IPC. This point was dealt with by this Court in Criminal Applicatio....
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....idering the grounds raised by the persons like present applicants". 11. In view of the clear pronouncement of law by the Division Bench at Aurangabad it is not possible to agree with the submission of Mr. R.H. Rawlani that offence punishable under section 328 IPC is not made out. 12. Perusal of the material made available for my perusal would reveal that custodial interrogation is necessary in the interest of just and effective investigation. The Investigating Officer claims to have reasons to believe that there is a large scale racket operating, and considering the huge quantity of contraband seized, the possibility that the applicant has a manufacturing facility, cannot be ruled out. Custodial interrogation is necessary to elicit th....