Bail application allowed for arrestee charged under NDPS Act where the Court found violation of Section 50 due to failure to inform applicant of right to magistrate search prior to police search.
Released on bail with PR bond of Rs.25,000/-. Directed to submit proof of residence and attend Crime Branch office on fixed dates.
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53-ba-100-18
Nalawade
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.100 OF 2018
Bilal @ Salman A. Patel vs. The State of Maharashtra
Office Notes, Office Memorandam of Coram, appearances, Court’s orders or Court’s or Judge’s orders directions and Registrar’s orders
Mr. Ayaz Khan for the applicant. Mr. A.A.Palkar, APP for the Respondent-State.
CORAM : A.S.GADKARI, J. DATE : 12th June, 2018
P.C.
of Criminal Procedure for bail in CR No.II- 8/2017 dated 10.1.2017 registered with CBD Police Station, Navi
Mumbai under Section 8(c) read with 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to “NDPS Act”).
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informant Mr. Sachin B. Bhalerao, Police Naik attached to Crime Branch, Navi Mumbai on 10.1.2017 received confidential information from his secret informer that a person with specific description was arriving near Hotel Laxmi, CBD. Belapur for sale of psychotropic substance.
The said fact was immediately informed to the Sr. Police Inspector and after completing the basic legal formalities a trap was laid. At about 5.50p.m. of 10.1.2017 a person with the specific description (applicant herein) arrived at the scene of offence. The informant identified his identity. The team of the investigating agency accosted the said person and in his personal search Mathamphetamine weighing about 53 grams was found. After completion of investigation the police have submitted charge sheet.
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that the Senior Inspector of Police even informed the
applicant prior to search that he also is a Gazetted Officer. The appraisal in writing which is annexed at Page 93 to the application mentions that the applicant is having right to be searched before the Gazetted Officer and the said appraisal is silent about the right of applicant to be searched before the Magistrate.
Hence, the following order.
a) The applicant be released on bail in CR No.8 of 2017 dated 11.1.2017 registered with CBD Belapur Police Station, Navi Mumbai on his furnishing PR bond of
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Rs.25,000/- with one or two solvent local sureties in the like amount.
b) Before his release from Jail, the applicant shall submit photo copies of the documents of his residence before the Investigating Agency.
c) After his release form Jail the applicant shall attend the office of Crime Branch, New Bombay on every first Monday between 11.00 a.m. and 1.00 p.m. initially for a period of six months and thereafter every first Monday of the month till the conclusion of trial.
d) Application is allowed in the aforesaid terms.
(A.S.GADKARI, J.)
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3 issues framed by the court
Whether the applicant is entitled to bail in view of the violation of Section 50 of the NDPS Act regarding the right to be searched before a Magistrate.
Whether the incomplete appraisal regarding legal rights renders the recovery of contraband doubtful.
Whether the bail application under Section 439 CrPC should be allowed given the procedural breach in the investigation.
Colour shows how this judgement treated each authority
State of Punjab vs. Baldev SinghFollowed¶25
(1999) SCC 172 · Who else cites this
State of Rajasthan vs. Parmanand and anr.Followed¶25
(2014) 2 SCC(Cri.) 563 · Who else cites this
2 provisions across 2 enactments
Bilal @ Salman A. Patel
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
