Abuzar Shakeel Khan v. State of Maharashtra
Case brief
What is this about?
This order does not decide the bail application. The applicant claimed a discrepancy in the color of seized contraband compared to co-accused samples. The court noted that the chemical report confirmed contraband in both. The application is adjourned for the applicant to place scientific material on record.
What the court decided
5_BA_2719_24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2719 OF 2024
Abuzar Shakeel Khan … Applicant vs. The State of Maharashtra … Respondent
Mr. Aniket Ujjwal Nikam, i/b. Amit Icham for applicant. Mr. Tanveer G. Khan, APP for respondent-State.
Mr. Umesh Karke, API, Trombay Police Station, Mumbai.
CORAM : MANISH PITALE, J. DATE : 09th SEPTEMBER, 2024
P.C. :
. During the course of arguments, the learned counsel for the applicant, inter alia, submitted that the contraband alleged to have been seized from the applicant is recorded as brown crystalline powder, while the contraband seized from the co-accused person is recorded as white crystalline powder.
- It is submitted that the contraband mephedrone (MD) is found to be white in colour and the fact that brown crystalline powder was recovered from the applicant, makes out a prima facie case in his favour, while pressing for relief in the present application.
- The learned APP has tendered a copy of the chemical examination report issued by the concerned laboratory. It specifically records exhibit 1 as white-coloured powder and exhibit 2 as brown-coloured powder. Thereafter, it is recorded that both exhibits were found to be containing contraband MD.
Parties & counsel
- applicant
Abuzar Shakeel Khan
- respondent
The State of Maharashtra
Coram
MANISH PITALE
Case details
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