Disposed

Gulshan Kumar Sharma and Ors. v. State of Maharashtra

Bombay HC21 May 2024ABA/1389/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by transporters booked for transporting contraband gutka worth over Rs.50 lakh seized from a truck. Court noted the contraband was already seized and nothing remained to be recovered, and granted ad-interim protection on arrest.

What did the court decide?

Ad-interim anticipatory bail on PR bond of Rs.50,000 each with one solvent surety; direction to attend police station on 28-29 May 2024.

Gulshan Kumar Sharma and Ors. vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2024)

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18-ABA-1389-2024 SPM.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1389 OF 2024

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Gulshan Kumar Sharma And Ors. ...Applicants Versus State Of Maharashtra ...Respondent

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Mr. Kainat Shaikh with B. Shaikh, Advocate for the Applicants. Mr. Shriram Chaudhari, APP for the Respondent – State. Mr. Somnath K. Patil, API, Narpoli Police Station, Present.

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CORAM : M.W. CHANDWANI, J. DATE : 21st MAY, 2024. (VACATION COURT)

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P.C.:

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1. Heard the learned Counsel for the Applicants as well as the learned APP for State.

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1. On 4^th April, 2024 Police Officials of Narpoli Police Station were on patrolling duty. On suspicion, they intercepted a Truck bearing Registration No.HR-55-WO-326 and found contraband articles i.e. Gutka worth Rs.50,25,600/-. The police seized the said articles and arrested the driver. Crime No. 902 of 2024 under Sections 328, 272, 273, 188 and 269 and Sections 26(2), 27, 23, 26(2)(iv), 30(2)(a) and 59 of the Food Safety and Standard Act, 2006, came to be

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Sayali Upasani

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1 of 2

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Order corrected as per order dated 24^th May, 2024.

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18-ABA-1389-2024 SPM.doc

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registered against the Applicants.

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1. During investigation, it was revealed that the Applicants are transporters and on their instructions the contraband Gutka was being transported.

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1. It is submitted that Applicant No. 2, who is student recently came to know that he has also been roped. It is also submitted that just because the Applicant No. 2 is son of the Applicant No. 1 he has been made an accused.

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1. It appears that the contraband articles are already seized, which is a crucial part of the investigation. Nothing is to be seized from the Applicants. Considering these facts and role assigned to the present Applicants, a case is made out for grant of ad-interim bail.

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1. Pending the application, in the event of arrest, the Applicants shall be released on bail in CR No. 902 of 2024, registered with Narpoli Police Station, on furnishing PR bond of Rs.50,000/- each with one solvent surety in the like amount.

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1. The Applicants shall attend the concerned Police Station on 28^th and 29^th May, 2024 between 10.00 am to 12. 00 noon and co-operate in the investigation.

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1. Stand over to 4^th July, 2024.

(M.W. CHANDWANI, J.)

Sayali Upasani

2 of 2

Order corrected as per order dated 24^th May, 2024.

Gulshan Kumar Sharma and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Gulshan Kumar Sharma and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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