Nizamuddin Ahmed Taja v. Union Of India And ANR.

916.BA.3514.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3514 OF 2024 Nizamuddin Ahmed Taja ...Applicant

Versus

Union of India & Anr.

...Respondents

***  Ms. Ashwini A. i/b Mr. Taraq Sayed, for Applicant.  None for Respondent No.1 - Union of India.

 Ms. Megha S. Bajoria, APP for Respondent No.2. - State. *** CORAM : MANISH PITALE, J.

SHRIKANT SHRINIVAS MALANI DATE : 04th SEPTEMBER, 2024.

P. C. :

SHRIKANT SHRINIVAS MALANI Date: 2024.09.05 13:13:25 +0530 1.

When this application is called out for hearing, it is pointed out by the learned counsel for the applicant that all efforts were made by the advocate for the applicant to serve copies of the bail application on the respondent No.1 i.e. the Narcotics Control Bureau, Mumbai. It is indicated that the officers of respondent No.1 did not receive the copies of the bail application and in such a situation, there was no option left for the advocate but to leave copies of the bail application at the reception counter. An affidavit of the advocate who visited the office of respondent No.1, is tendered. The same is taken on record.

2.

The learned counsel for the applicant relies upon a recent order passed by this Court on 13.08.2024 in Bail Application No.731 of 2024, wherein co-accused person was granted bail on various grounds. On the said date also there was no appearance on behalf of respondent No.1 - NCB. This Shrikant Malani

916.BA.3514.2024.doc Court proceeded to dispose of the said application in the light of the fact that even on an earlier date, there was no representation on behalf of respondent No.1.

3.

Today in this application also, there is no appearance on behalf of respondent No.1 - NCB. It is to be noted that an earlier bail application filed by this very applicant was dismissed on merits by an order dated 12.01.2024, passed by this Court (Coram : Prithviraj K. Chavan, J.) in Criminal Bail Application No.1026 of 2022.

4.

In this situation, it would be appropriate that Mr. Shreeram Shirsat, Special Public Prosecutor who had appeared in the aforesaid earlier bail application of this very applicant, is intimated about pendency of the present application, so that appropriate arrangements are made for representation of respondent No.1 in this application before this Court. This Court would require appropriate assistance from respondent No.1 - NCB, in the peculiar facts and circumstances of the present case. 5.

The Registry to inform Mr. Shreeram Shirsat, Advocate, about the order passed today.

6.

List the application for further consideration on 18th September, 2024, to be included in the "Supplementary List." (MANISH PITALE, J.) Shrikant Malani