This High Court rejected the anticipatory bail application of an applicant accused of drug trafficking. The court held that the co-accused statement, combined with the applicant's antecedents and evasive behavior, necessitated custodial interrogation to ensure effective investigation.
The application stands rejected; no pre-arrest bail granted.
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.
3-aba-844-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.844 OF 2023
Kumar Baddu Pawar ...Applicant
vs. The State of Maharashtra ...Respondent
Mr. Aniket Nikam i/b. Mr. Ashish Satpute, for the Applicant Smt. Ashwini Takalkar, APP, for the Respondent/State.
CORAM : N. J. JAMADAR, J. DATE : OCTOBER 17, 2023
P.C.:
Vishal Parekar
...1
3-aba-844-2023.doc
Additional Session Judge declined to exercise the discretion in favour of the applicant.
Vishal Parekar
...2
3-aba-844-2023.doc
the applicant as one of the persons who fled away from the scene of occurrence. In the circumstances, the statement of the co-accused assumes a greater significance than a situation where the coaccused simply names a an absentee supplier or purchaser. Secondly, the CDR do reveal thatn in the proximity of the arrest of the co-accused Sukhdeo Rathod, the applicant had contacted the said accused, on numerous occasions. Thirdly, the antecedents of the applicant prima facie reveal that the applicant had been indulging in the activities proscribed by and punishable under the NDPS Act. The Applicant is also arraigned in C.R. No. 339 of 2020 registered at Bhadrchalan police station, C.R. No. 324 of 2021 registered with Shahupuri police station for the offences punishable under section 20B(ii)(b)8(c) and C.R. No. 800 of 2022 registered with Sangola police station for the offences punishable under section 20 B of the said Act.
Vishal Parekar
...3
3-aba-844-2023.doc
the contraband often does not know the source of contraband beyond his immediate supplier. If a proper investigation is not carried out, the link would get snapped at the person who is found in possession of the contraband articles. Control over narcotics supply and trade would then be a casualty.
Hence, the following order.
ORDER
1] The application stands rejected.
2] It is clarified that these prima facie observations are
confined to determine entitlement to pre-arrest bail only.
(N. J. JAMADAR, J.)
Vishal Parekar
...4
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant facing charges of drug trafficking based on his antecedents and co-accused statement.
If the co-accused statement and applicant's antecedents justify custodial interrogation rather than bail.
Kumar Baddu Pawar
The State of Maharashtra
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
