Arif Rashid Shaikh v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 340 of 2023 Arif Rashid Shaikh ..

Applicant

Versus

The State of Maharashtra and anr ..

Respondent ...

Mr. Dilip Mishra i/b Zehra Charania for the applicant. Mr.Ashish Chavan for the respondent no.2.

Smt.K.T. Hiwrale, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 29th APRIL, 2024 P.C:- The applicant faces accusation under Section 8C r/w Section 22(c), 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon he found in possession of 52.3 gms of Mephedrone. He came to be arrested on 8/9/2021 and while arguing the application, learned counsel for the applicant has urged that till date, only three witnesses are examined and the trial is proceeding at a snail speed. The learned APP inform that charge was framed on 10/2/2023 and till date, three witnesses are examined out of 14 witnesses that are cited. She oppose the application on the ground that the applicant is found in conscious possession of a Tilak

2/2 2 BA 340-23.doc commercial quantity of mephedrone, and in the wake of the above, the application do not deserve consideration. Considering the totality of the circumstances, I deem it appropriate that the NDPS Special Court, City Civil & Sessions Court, who is in seisin seized of the trial of the applicant, shall make every endeavour to conclude the trial at the earliest and in any case, not later than 31/12/2024, which shall include the pronouncement of the judgment, as well.

With the aforesaid direction, the application is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak