Aamil Noor Mohammed Fruitwala v. The Union Of India And ORS.

Nalawade A.S.

1 /2 Appa-395-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 395 OF 2019 IN WRIT PETITION NO.2984 OF 2019 Aamil Noor Mohd. Fruitwala ...Applicant vs.

The Union of India and ors.

...Respondents

Ms. Nasreen Ayubi i/by Mrs. Aisha M. Ansari for Applicant/Petitioner and Petitioners in W.P. Nos. 2984/2019, 3006/2019, 3007/2019, 3154?2019, 3155/2019, 3245/2019, 3246/2019, 3271/2019, 3284/2019, 3325/2019.

Dr. Sujay Kantawala I/by Advocate Sebin M. Joseph for Petitioner in W.P. No. 2954/2019.

Mrs. Aruna Pai, Special P.P. for DRI and Union of India. Mr. Deepak Thakare with J.P.Yagnik, APP. for State in Application No.395/2019 and in WP No.2954/2019, 2984/2019, 3006/2019, 3154/2019, 3155/2019, 3246/2019 and 3325/2019. Mrs. M.H. Mhatre, APP for State in WP Nos. 3307/2019, 3245/2019, 3271/2019 and 3284/2019.

CORAM: B.P.DHARMADHIKARI & MRS.SWAPNA S. JOSHI, JJ.

DATE : 08th August, 2019 P.C.

1.

Applicant/Petitioner a detenue seeks leave to permit his family to provide food to him through servant by name Mr. Nisar Ahmed Amanullah Khan.

2.

After hearing respective counsel we find that such detenue is

Nalawade A.S.

2 /2 Appa-395-19 permitted food to be served by his family member after complying with security norms so as to see that food served is not noxious or hazardous. Such family member has to furnish undertaking accordingly and has to bring food only for one person. 3.

Applicant/Petitioner submits that he and his family member will continue to abide by those terms and conditions however, food only be delivered by employee named above. Respondents are not aware of status of Mr. Nisar Ahmed Amanullah Khan as employee of petitioner.

4.

We permit the respondents to verify credences and identity of Mr. Nisar Ahmed Amanullah Khan. Mr. Nisar Ahmed Amanullah Khan along with family member to execute necessary undertaking in the interest of safety and security of the detenue as also administration.

5.

After completing these formalities the respondents shall permit food to be served by Mr. Nisar Ahmed Amanullah Khan subject to such safeguards as respondents may always exercise. 6.

Application is accordingly allowed and disposed off. (MRS. SWAPNA S. JOSHI, J) (B.P.DHARMADHIKARI,J.)