Mohammed Afzal @ Afzal Chouda Hayat Qureshi v. The State Of Maharashtra

apeal.367.12.group.901.op.order.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 367 OF 2012 Abdul Rehman @ Haji Ali Mohammed Hakim ...Appellant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPEAL NO. 324 OF 2012 Bandu @ Bunty Dagdu Udanshive ...Appellant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPEAL NO. 390 OF 2012 Mohammed Afzal @ Afzal Chouda Hayat Qureshi ...Appellant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPEAL NO. 409 OF 2012 Zakir @ Zakir Chikna @ Zakir Chota Shariful Hasan Sayyed ...Appellant

Versus

The State of Maharashtra

...Respondent

Mr. Anil Lalla a/w Ms. Aanchal Lalla I/b Lalla & Lalla for the Appellants in Appeals/367/2012, 324/2012 & 409/2012 Mr. Ganesh Gole a/w Mr. Ritesh Ratnam and Mr. Bhavin Jain for the Appellant in Appeal/390/2012 Mrs. P. P. Shinde, A.P.P for the Respondent-State SQ Pathan 1/2

apeal.367.12.group.901.op.order.doc CORAM : REVATI MOHITE DERE, J.

TUESDAY, 9 th APRIL 2019 P.C. :

For the reasons separately recorded in the oral judgment passed today, the following operative order is passed : OPERATIVE ORDER (i) The appeals are allowed;

(ii) The judgment and order dated 5th March 2012 passed by the learned Special Judge under the NDPS Act, Greater Mumbai in NDPS Case No. 128/2010, convicting and sentencing the appellants, is quashed and set-aside; (iii) The appellants are acquitted of the offences with which they are charged. They be released forthwith, if not required in any other case.

(iv) Fine amounts, if paid, shall be refunded to the appellants. REVATI MOHITE DERE, J.

SQ Pathan 2/2