HC seeks inquiry into closed shop being raided by police

The Bombay high court has directed the police authorities to inquire into the allegations by an anticipatory bail applicant that his shop was raided by the police

The Bombay high court has directed the police authorities to inquire into the allegations by an anticipatory bail applicant that his shop was raided by the police illegally. The applicant claimed that the raid was carried out when his shop was shut. A gratification of ₹2 lakh was also sought from him by the raiding officials. In light of the allegations, the court held that there was no need for custodial interrogation and granted pre-arrest bail and posted the matter for July 7.

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The single bench of justice Sadhana Jadhav while hearing the application of Ubaidur Rahman Shaikh a resident of Jogeshwari through video conference that Shaikh’s brother owned a shop on S V Road and he lived on the first floor above the shop. Advocate Rajesh Khobragade informed the bench that since the lockdown was announced, the shop had been closed. However, on April 13 the Oshiwara police conducted a raid by entering the shop through a rear door and seized and confiscated gutkha, tobacco, cigarette and beedies stored in the shop.

The state through assistant public prosecutor Prajakta Shinde informed the court that the Oshiwara police had conducted the raid based on secret information that some people were storing N 95 masks and other essential articles against the public interest. Though the police did not recover any masks they did find the seized items stored in the shop and confiscated it.

Based on the seizure, cases under sections 179, 188, 273, 328, 120(B) of Indian Penal Code and offence punishable under sections 26(ii), 4, 27(iii) of Food Safety Standard Act, 2006 along with Disaster Management Act, 2005 and under section 51(b) of the Epidemic Diseases Act, 1897 and under sections 37(3) and 135 of the Maharashtra Police Act were registered against Shaikh.

Shaikh’s lawyer, however, complained that the raid was illegal as the shop was closed and the police also demanded a gratification of Rs 2 lakhs from Shaikh. A written complaint had also been submitted in this regard with the commissioner of police.

In light of these submissions, the bench held that prima facie custodial interrogation was not warranted at present and directed that as ad interim relief in the event of arrest Shaikh should be released on furnishing a bond of Rs 25,000 with one or more sureties.

Further, on the directions of the bench, the state said that it would ask senior officers to inquire into the allegations by Shaikh.