Taufiq Gulam Mohammad v. State of Maharashtra
Case brief
What is this about?
Bombay High Court, Milind N. Jadhav, J., 28 January 2025 – Bail Application No.1559 of 2024 (Taufiq Gulam Mohammad v. State of Maharashtra): NDPS bail granted under Section 439 Cr.P.C.; chance recovery of 200 grams Mephedrone (MD); C.R. No.1369 of 2023, Malvani Police Station; offences under Section 8(c) read with Sections 22(c) and 29 NDPS Act; defective communication of grounds of arrest (no provisions/rights informed, consent not recorded, undecipherable thumb impression); ante-dated FIR intimation letter dated 18.10.2023 versus FIR registered 19.10.2023 at 03:47 hours; non-compliance of Sections 42 and 50 NDPS Act described as sine qua non; release on P.R. Bond Rs.15,000/- with one or two sureties and monthly reporting conditions; observations prima facie only, not to influence trial.
What did the court decide?
Applicant directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- with one or two sureties in the like amount, subject to conditions: monthly reporting to the Investigating Officer on the third Saturday (10:00 a.m. to 12:00 p.m.) for the first three months and thereafter as called; co-operation with the trial and attendance on all dates unless exempted; not influencing witnesses or tampering with evidence; keeping the Investigating Officer informed of current address and mobile contact details; infraction entitles prosecution to seek cancellation.