NDPS bail application concerning recovery of over 2 kg 'Afeem' in two packets. The court noted discrepancies between the seizure quantity and the inventory before the Magistrate, which created doubt about the prosecution story, and with no adverse antecedents and the charge-sheet filed, granted bail.
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.
969-BA-2979-24.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2979 OF 2024
Rahul Kumar Bhuralalji Sahu ...Applicant Vs. The State of Maharashtra ...Respondent
SAYALI DEEPAK UPASANI
Digitally signed by SAYALI DEEPAK UPASANI
Date: 2024.10.09 10:53:37 +0530
Mr. Ratnish Shobhnath Dubey with Ms. Bhagyashri Prakash Roundal, Advocate for Applicant.
Mrs. Veera Shinde, APP for State-Respondent.
Mr. Shivaji Madhukar Dhule, PSI, Present.
CORAM:- ANIL S. KILOR, J. DATED:- 8th OCTOBER, 2024
PC:-
1/3
969-BA-2979-24.DOC
time of seizure. In one packet, 2 kg.814 grams of ‘Afeem’ was found. Whereas, from the second packet 2 kg. 705 grams of ‘Afeem’ was recovered. However, before the Magistrate while making the inventory, it was recorded that in the first packet, 2 kg 778 grams of ‘Afeem’ was found and in the second packet 2kg 698 grams of ‘Afeem’ was found. Thus, in the first packet, there is a difference of 87 grams of ‘Afeem’ and in the second packet, there is a difference of 7 grams of ‘Afeem’.
ORDER
(i) The Bail Application is allowed;
(ii) It is directed that the Applicant shall be released on bail in Crime No.402 of 2023 registered with Vimantal Police Station, Pune for the offences punishable under Sections 8(c), 17(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985,
2/3
969-BA-2979-24.DOC
on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;
(iii) The Applicant shall attend said Police Station on 1st day of every month between 10.00 am to 11.00 am till conclusion of trial, except on the date of trial;
(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
(v) Liberty is granted to the State for cancellation of bail in case Applicant breaches any of the conditions and/or if the applicant commits similar offence;
(vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.
The application is disposed of.
[ANIL S. KILOR, J.]
3/3
1 issue framed by the court
Whether the applicant should be granted bail under Section 439 CrPC given a discrepancy in the recorded quantity of seized contraband between seizure and the Magistrate's inventory.
2 provisions across 2 enactments
Rahul Kumar Bhuralalji Sahu
The State of Maharashtra
Anil S. Kilor
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
