Applicant sought anticipatory bail in an NDPS ganja seizure case, implicated only through co-accused statements and CDR evidence. Following the Supreme Court decision in State of Haryana v. Samarth Kumar, which held Tofan Singh may be invoked at regular bail or trial stage, the court rejected the application.
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2024:BHC-NAG:1507
27.ABA.11.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.11 OF 2024
Ashik Vilas Kelzarwar ..vs.. State of Maharashtra
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Mr. A.A. Dhawas, Advocate for the applicant. Ms. Udeshi, Addl.P.P for the State.
CORAM:- URMILA JOSHI-PHALKE, J. DATED :- FEBRUARY 1, 2024.
Heard.
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27.ABA.11.23.odt
taken into the custody namely Raunak Shimpi and Aaditya Waghmare aged about 22 years. Upon their personal search after following due procedure, Ganja was found in their possession, therefore, they were arrested. During the interrogation, name of the present applicant was revealed and therefore, the police is behind him to arrest and therefore, the applicant approached to this Court for grant of anticipatory bail.
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27.ABA.11.23.odt
of the present applicant is required to ascertain his connection with the other co-accused and his involvement in the present crime. In view of that, the application deserves to be rejected.
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27.ABA.11.23.odt
Honourable Apex Court, in the present case also the applicant is implicated on the basis of confessional statement of the co-accused. The disclosure statement and the CDR which shows that the applicant was in continuous contact with the co-accused.
(URMILA JOSHI-PHALKE, J.)
*Divya
1 issue framed by the court
Whether anticipatory bail should be granted where the applicant's implication rests on the co-accused's confessional statement recorded under Section 67 of the NDPS Act.
Colour shows how this judgement treated each authority
Tofan Singh vs. State of Tamil NaduReferred¶7
Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 · Who else cites this
The State of Haryana vs. Samarth KumarApplied¶7
The State of Haryana vs. Samarth Kumar, reported in 2022 LiveLaw (SC) 622
3 provisions across 2 enactments
Ashik Vilas Kelzarwar
State of Maharashtra
Urmila Joshi-Phalke
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
