Mohd. Faizan Mohd. Nisar Sheikh v. State Of Mah. Thr. Pso Manora Dist.Washim

BA.102.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

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CRIMINAL APPLICATION (BA) NO. 102/2023 Mohd. Faizan s/o Mohd. Nisar Sheikh .. Applicant versus The State of Maharashtra Th: Its PSO Manora, Dist.Washim ..Respondent ............................................................................................................. Mr. S.G.Varshani, Advocate for the applicant Mr. I.J.Damle, APP for Respondent ..............................................................................................................

CORAM

: ANIL L. PANSARE, J.

DATE D : 2nd March, 2023.

PC:

The learned APP submits that the charge-sheet in the matter has been filed.

2.

Mr Varshani, the learned counsel for the applicant, however, insisted that the Application be taken up today itself for orders as the quantity of contraband recovered from the applicant is three grams of Mephedrone, which is a small quantity. He then submits that the maximum punishment for the offence in which small quantity is possesssed is six months.

3.

I have gone through the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, so also the notification indicating small and commercial quantity of Mephedrone which is at Sr. No. 238-F. The small quantity is two grams and the commercial quantity is 50 grams.

4.

Thus, the learned counsel has misled this Court by stating that three grams is a small quantity and that the punishment is six months, whereas the quantity would fall in the category of intermediate

BA.102.23 and the punishment is upto 10 years. Having misled the Court, the Criminal Application is rejected.

5.

At this stage, learned counsel for the applicant tenders profuse apology. Apology is accepted, with a hope that he will be careful in future, while making bold statements.

(ANIL L. PANSARE, J.) sahare BHAGWANTRAO SAHARE Location: