Nagesh Ganpatrao Barsale v. the Union of India and Others
Case brief
What is this about?
This Criminal Application arose from a challenge to imprisonment for offences under the N.D.P.S. Act relating to ketamine manufacturing. The court noted prior rejections and delaying tactics, observed the scale of the crime, and ultimately rejected the application for bail.
What did the court decide?
Application for bail rejected with no order for release.
What the court decided
1
395
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
APPELLATE SIDE JURISDICTION
**CRIMINAL APPLICATION NO.: 395 OF 2014 *****
Nagesh S/o Ganpatrao Barsale, Age: 36 years, Occu.: Presently Nil, R/o Raghuveer Nagar, Opp, to Saint Francis School, Jalna Road, Aurangabad.
APPLICANT .
VERSUS
- The Union of India.
- Ministry of Home Affairs, Govt. of India, Through its Secretary.
- Ministry of Finance and Department of Revenue, Govt. of India, Through its Secretary.
- The Zonal Director of Maharashtra, & Goa, Narcotic Control Bureau, Exchange Building, III floor, Sport Road, Ballard Estate, Mumbai-400 001
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail given the commission of offences under N.D.P.S. Act involving commercial quantity of ketamine.
Whether the applicant's tactics of delaying trial proceedings by withdrawing previous bail applications and filing writ petitions justify the rejection of the current bail application.
Whether the historical prosecutable conduct of the applicant and lack of sufficient cause for delay warrant the exercise of discretion to reject bail.
Parties & counsel
- applicant
Nagesh S/o Ganpatrao Barsale
- respondent
The Union of India
- respondent
Ministry of Home Affairs, Govt. of India
- respondent
Ministry of Finance and Department of Revenue, Govt. of India
- respondent
The Zonal Director of Maharashtra, & Goa, Narcotic Control Bureau
Case details
As recorded by the court registry
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