In bail application under CrPC regarding alleged offences under NDPS Act, court allowed bail noting forensic charge detected Benzydamine, not narcotics, and applicant had no antecedents. Bail granted on bond with sureties pending trial.
Applicant enlarged on bail on execution of PR Bond of Rs.15,000/- with one or two sureties.
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.
BA 859-17.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.859 OF 2017
Farman Jahur Sain .Applicant
Vs.
The State of Maharashtra .Respondent
Mr.S.R.Phanse, Advocate, for the Applicant Mr.Prashant Jadhav, APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J. DATE : 13.06.2017
P.C.
. Heard learned counsel for the parties.
enlargement on bail in connection with C.R.No.9 of 2017 registered with the Kalamboli Police Station, District - Raigad, for
the alleged offences punishable under Section 8C and 22 of the Narcotic Drugs And Psychotropic Substance Act.
Applicant has been falsely implicated in the said case. He submits
that the Applicant was working as mechanic in an Automobile garage at the relevant time. He submits that no offence as alleged
1 of 3
BA 859-17.doc
is disclosed qua the Applicant. He submitted that the allegation as against the Applicant is that he was carrying M.D. powder in a white plastic bag. According to the learned counsel, the said powder was not a narcotic or a psychotropic substance. He further submits that the Applicant has no antecedents.
and the C.A. report, the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions:-
O R D E R
(i) The Applicant be enlarged on bail, on executing PR
Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;
(ii) The Applicant shall attend the concerned police
2 of 3
BA 859-17.doc
station as & when called for by the investigating officer.
is accordingly disposed of.
Parties to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)
3 of 3
2 issues framed by the court
Whether the Applicant be enlarged on bail in the maintenance of narcotic drugs.
Whether the seizure of powder containing Benzydamine rather than narcotics affects the Applicant's bail.
2 provisions across 1 enactments
Farman Jahur Sain
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
