Kiran Kumar v. Intelligence Officer, Directorate Of Revenue Intelligence And ANR.

4&5 BA2897-2019awBA2898-19.doc Shambhavi N. Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Shambhavi N.

Shivgan Date: 2020.12.11 11:32:26 +0530 CRIMINAL APPELLATE JURISDICTION Bail Application No. 2897 / 2019 Kiran Kumar .. Applicant Vs.

Intelligence Officer, Directorate of Revenue Intelligence And Anr.

.. Respondents Alongwith Bail Application No. 2898 / 2019 V. Shankar .. Applicant Vs.

Intelligence Officer, Directorate of Revenue Intelligence And Anr.

.. Respondents **** Mr. Taraq Sayed i/by Advait Tamhankar, Advocate for the Applicant in both Bail Applications.

Mr. Y.Y. Dabake, APP for State.

**** CORAM : SANDEEP K. SHINDE J.

DATE : 10th December 2020.

P.C. :- In view of the judgment of the Hon'ble Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu ( 2020 SCC Online SC 882); of which paragraph no. 158 (ii) reads as under; 1/2

4&5 BA2897-2019awBA2898-19.doc "158.(ii) That a statement recorded under section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act."

2.

Learned Counsel for the applicants seeks leave to withdraw the applications with liberty to move the Sessions Court for bail. Leave granted. Applications are disposed of as withdrawn with liberty as prayed.

(SANDEEP K. SHINDE, J.) Najeeb 2/2