Disposed

Anoop Ashok Redkar v. the State of Maharashtra

Bombay HC3 Oct 2022BA/1235/2021

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the single judge remarked on the definition of Ganja based on seized substance evidence and dismissed claims regarding procedural violations. Upon the applicant's request to withdraw the application due to a pending Supreme Court issue, the court granted permission and disposed of the matter by allowing the withdrawal.

What did the court decide?

Permission was granted to withdraw the bail application, which is disposed off as such.

Anoop Ashok Redkar Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2022)

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1/3 924 BA-1235-21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.1235 OF 2021

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Anoop Ashok Redkar .. Applicant Versus The State of Maharashtra .. Respondent

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Mr.Anil Lalla i/b Lalla & Lalla for the Applicant. Mr.S.V.Gavand, A.P.P. for the State/Respondent. PSI Anil Pawar for the Intervenor.

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CORAM: BHARATI DANGRE, J. DATED : 03^rd OCTOBER, 2022

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P.C:-

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On the point that the substance that was seized would

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not amount to commercial quantity of Ganja, my attention is invited to various orders passed by this Court, which revolve around the defnition of term ‘Ganja’, as defned under the NDPS Act.

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I have perused the said authorities. I have also perused the panchnama in the present case, which has recorded that the substance, which was seized, was green in colour and a

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M.M.Salgaonkar

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2/3 924 BA-1235-21.doc

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combination of leaves, fowers, fruits and stems and was smelling of Ganja.

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Since the defnition of term ‘Ganja’ makes it amply clear that it is the fowering of fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever, name they may be known or designated.

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Since it is clear from the panchnama that the substance is the combination of fowers plus fruits, I do not think that it is possible to exclude leaves and stems.

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Further, learned counsel Mr.Lalla also points out the violation of Section 50 as well as Section 42 and submits that infraction of the aforesaid mandatory provisions would entitle the applicant for release on bail. I am unable to agree with the aforesaid submission, since it is a matter to be looked into at the time of trial.

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On expressing my disinclination to entertain the application, learned counsel Mr.Lalla, seeks permission to withdraw the application, but he would submit that the issue as to whether charge-sheet without C.A. report is complete, which has been put to rest by the Division Bench of this Court, is pending before the Hon’ble Supreme Court.

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M.M.Salgaonkar

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3/3 924 BA-1235-21.doc

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Reserving his liberty to bring a fresh application on the said point, if at all it is permissible in law, and depending upon the Hon’ble Supreme Court’s decision on the said issue, the present application is permitted to be withdrawn and stands disposed off as such.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Anoop Ashok Redkar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anoop Ashok Redkar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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