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Mohsin Zubair Chhapra v. the State of Maharashtra

Bombay HC15 Jun 2023ABA/1115/2023

Case brief

AI extract

What is this about?

The High Court of Bombay confirmed an interim order of anticipatory bail granted to the Applicant in a case under the NDPS Act. The court noted the reliance solely on the co-accused's statement and confirmed the interim bail with a direction to report for interrogation.

What did the court decide?

The interim bail order dated 25/04/2023 is confirmed and the application is disposed of.

Mohsin Zubair Chhapra Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2023)

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18_aba_1115_2023.odt

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 Megha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1115 OF 2023

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Mohsin Zubair Chhapra...Applicant

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Versus
The State of Maharashtra...Respondent

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Mr. Ayaz Khan for the Applicant.
Mr. S.V. Gavand, APP for the Respondent-State.

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CORAM: SMT. ANUJA PRABHUDESSAI, J.

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 DATED : 15th JUNE, 2023.

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P. C. :-

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1.The Applicant seeks pre-arrest bail in C.R. No.15 of 2023
registered with Dongri Police Station, for the offences punishable
Sections 8(c) r/w 21(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.

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2.The case of the prosecution is that on 10/02/2023 while
the officers of Dongri Police Station were on patrolling duty, they saw
one person moving suspiciously. The said person, who was identified
as Naushad Rasul Virani (accused No.1)was apprehended and one
plastic bag containing white powder was recovered from him. He was
appraised of his rights under Section 50 of the NDPS Act. Upon taking

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Megha 18_aba_1115_2023.odt

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personal search, 5 gm of MD and 10 empty boxes were recovered. The
contraband was seized and the accused No.1 was placed under arrest.

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It is stated that the accused No.1 has disclosed the name of the
Applicant. In view of which, name of the Applicant was mentioned in
the remand application.

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3.By order dated 25/04/2023 this Court had granted interim
bail to the Applicant particularly considering the fact that the Applicant
was sought to be implicated only on the basis of statement of the co-
accused. Learned APP concedes that apart from the statement of the
co-accused there is no other material to show the involvement of the
Applicant in the said crime. Learned APP concedes that pursuant to
the order dated 25/04/2023 the Applicant had reported to the
Investigating Officer and that he has been interrogated.

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4.In the light of above facts and circumstances, this is a fit
case to exercise discretion under Section 438 of the Cr.P.C. Hence,
interim order dated 25/04/2023 stands confirmed.

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5.Applicant to report to the concerned Investigating Officer
as and when required for the purpose of investigation.

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18_aba_1115_2023.odt

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 Megha

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6. The application stands disposed of.

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 (SMT. ANUJA PRABHUDESSAI, J.)

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Mohsin Zubair Chhapra v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohsin Zubair Chhapra 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

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