Disposed¶22

Rahul Kisan Gawali v. State of Maharashtra

Bombay HC24 Feb 2025BA/16/2025

Case brief

AI extract

What is this about?

Bail Application No. 16 of 2025; High Court of Judicature at Bombay; Criminal Appellate Jurisdiction; Milind N. Jadhav J.; 24 February 2025; Rahul Kisan Gawali v. State of Maharashtra; NDPS offence bail; 3.10 kg MD; incarceration over two years; conscious possession; memorandum panchnama; rights during search and seizure operation; amendment permitted; re-verification dispensed; APP to take instructions; adjourned to 17 March 2025; interim order; no merits determination.

What did the court decide?

Interim directions only: amendment permitted within two weeks; re-verification dispensed with; APP to take instructions on the conscious-possession submission; matter adjourned to 17th March 2025. ¶22

Rahul Kisan Gawali vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim directions only: amendment permitted within two weeks; re-verification dispensed with; APP to take instructions on the conscious-possession submission; matter adjourned to 17th March 2025.

¶22

Issue for consideration

Whether the Applicant was apprised of his rights while conducting the search and seizure operation (to be evidenced through the annexed memorandum panchnama and related documents). +1 more

¶15

Court's answer

Amendment of the bail Application permitted to be carried out within two weeks to annex the memorandum panchnama and all relevant documents; re-verification dispensed with; copy of the amended Petition to be served on Respondents.

¶15

Ratio / Principle

Learned APP directed to take appropriate instructions on the conscious-possession submission and apprise the Court on the next adjourned date.

¶21

Key takeaways

Matter stood over (adjourned) to 17th March, 2025; no bail determination made at this stage.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Bail Application No. 16 of 2025 - Rahul Kisan Gawali v. State of Maharashtra (Milind N. Jadhav, J., 24 February 2025): interim order in a bail application wherein the Applicant, indicted in an NDPS offence, has been in incarceration for more than two years for being found in possession of 3.10 kilograms of MD. Counsel sought leave to amend the Application to annex the memorandum panchnama and relevant documents contending that the Applicant was not apprised of his rights while conducting the search and seizure operation; amendment was permitted within two weeks, re-verification dispensed with, and service of the amended Petition on Respondents directed. On the further contention that no conscious possession of the alleged contraband was established and mere allegation had been put on the Applicant, the learned APP was directed to take instructions and apprise the Court on the next adjourned date. Matter stood over to 17 March 2025; no bail decision was rendered.

Rahul Kisan Gawali v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rahul Kisan Gawali v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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