Devki Nandan Pandey v. Union of India and Anr.
Case brief
What is this about?
Bombay High Court bail application (BA 5474 of 2024, doc 917.BA.5474.2024.doc), Devki Nandan Pandey v. Union of India & State of Maharashtra; NDPS Act 1985; Section 50 NDPS notice held prima facie contradictory — notice states search by issuing officer himself, Gazetted Officer/Magistrate involvement only 'if he requires'; 2810 grams cocaine; affidavit-in-reply within two weeks; Union of India to depute responsible officer; stand over 16.04.2025; single judge Milind N. Jadhav; order dated April 02, 2025; advocate Amol M. Thombre for applicant; APP Hitendra J. Dedhia for State.
What did the court decide?
No substantive relief or bail decision at this stage. Interim directions only: notice ordered to be issued to Respondent No.1 (Union of India) with humdast permitted; Respondents directed to file Affidavit-in-Reply within two weeks positively, with copy of the order to be served on Union of India; Union of India directed to depute a responsible Officer to ensure the Affidavit-in-Reply is filed; clarified that if the Affidavit-in-Reply is not filed on the next adjourned date the Application shall be heard and decided on its own merits; matter stand over to 16th April, 2025.