Devendra Jaydas Patil v. State Of Maharashtra

1 904.BA.957.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.957 OF 2024 Devendra Jaydas Patil, Age 28 years, Occ.Fisherman, R/o.Varcha Jivna, Near Shriram Mandir, Shrivardhan, Dist.Raigad (Presently in Alibag Jail) Applicant versus The State of Maharashtra Respondent Mr.Kuldeep Patil i/by Mr.Prashant P.Raul, Advocate for Applicant. Mr.Pankaj P.Deokar, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

28th August 2024 PC :

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.91 of 2023 registered with Kolad Police Station, District Raigad, for the offences punishable under Sections 8(c), 20(b)(ii) of Narcotic Drugs and Psychotropic Substances Act.

3.

Learned counsel for Applicant argues that the statement recorded by Police of the Applicant on 12th September 2023 and the story of the prosecution as per FIR is completely different. He further submits that there are discrepancies about quantity and further there is no compliance of Section 50(1) of NDPS Act. MANISH SURESHRAO THATTE Date: 2024.08.29 12:21:25 +0530 MANISH SURESHRAO THATTE 4.

Having gone through the charge sheet and the material collected by the Investigating Officer during investigation it is

2 904.BA.957.2024.doc evident that contraband was recovered from the Applicant. As far as minor discrepancies in relation to quantity is concerned, it is matter of trial. Furthermore, it is prima facie evident that there is compliance of Section 50(1) of NDPS Act.

5.

In that view of the matter, as there is nothing to reasonably believe that the Applicant is not guilty of the alleged offence, I am not inclined to grant bail to the Applicant. The application is rejected.

(ANIL S.KILOR, J.) MST