Criminal applicant sought pre-arrest bail alleging no offence under section 18A of the Drugs Act as he held a manufacturing licence, and goods were exported. Court granted conditional bail.
Conditional pre-arrest bail granted with a bond of Rs. 15,000, valid for three months or till charge sheet filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 318 of 2010
Neel Kamal Sharma ... Applicant versus The State of Maharashtra ... Respondent
Mr.Shirish Gupte, Sr. Advocate with Mr.Subodh Desai for the applicant. Ms.M.H. Mhatre APP for the State.
CORAM : D.G. KARNIK, J.
DATED : 28th January 2010
P.C.
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O R D E R
In the event applicant is arrested in connection with C.R.No. II-158 of 2009, he shall be released on bail on executing a Bond of Rs. 15,000/- with one surety of the like amount subject to a condition that
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applicant would co-operate with the investigation and shall attend the concerned Police Station as and when summoned.
This order shall remain in force for a period of three months or till the charge sheet is filed whereafter the applicant may, if he so desires, apply to the Court for regular bail.
(D.G. KARNIK,J.)
3 issues framed by the court
Whether the applicant is liable to be held guilty for storing goods under section 18A of the Drugs and Cosmetics Act, 1940.
Whether the offence under section 18(c) of the Drugs and Cosmetics Act, 1940 is made out against the applicant.
Whether the applicant is entitled to pre-arrest bail.
2 provisions across 1 enactments
Neel Kamal Sharma
The State of Maharashtra
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
