Mohd. Afzal Atiq Khan v. State of Maharashtra
Case brief
What is this about?
NDPS regular bail; Section 483 BNSS 2023; contraband weight discrepancy seizure panchnama vs inventory sampling (83 g vs 60 g); Rule 10 NDPS Rules; Section 52A(2) readwith (3) NDPS Act; Form 5 certification absent; Magistrate certificate; Section 42 and Section 50 NDPS defences; Chandrabhan Janardhan Yadav v. State of Maharashtra; ANC Ghatkopar C.R. No. 85 of 2023; Mohd. Afzal Atiq Khan; Milind N. Jadhav, J.; Bombay High Court; bail conditions; provisional cash bail; Section 439(2) Cr.P.C. cancellation.
What did the court decide?
Applicant released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount; provisional cash bail of Rs.25,000/- permitted for immediate release with undertaking to furnish sureties within four weeks; subject to conditions including furnishing residential address to the Police Station and trial Court, reporting to the Investigating Officer as called, monthly presence before the trial Court on the first Tuesday of every month, co-operation with the trial, no travel outside Maharashtra without trial Court permission, and no influencing witnesses or tampering with evidence; infraction or two consecutive defaults attracts cancellation under Section 439(2) of Cr.P.C.