Mohmmed Salman Mohammed Shafi v. The State Of Maharashtra And ANR

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 893 OF 2024 Moiez Shabbit Lokhandwala .. Applicant

Versus

Narcotics Control Bureau .. Respondent WITH BAIL APPLICATION NO. 3688 OF 2024 Mohammed Salman Mohammed Shafi .. Applicant

Versus

Narcotics Control Bureau .. Respondent ....................

 Mr. Rajendra Bidkar for Applicant in BA 893/2024  Ms. Lochan P. Chandka for Applicant in BA 3688/2024  Mr. Shriram Shirsat, APP a/w Ms. Karishma Rajesh for Respondent ...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 7, 2025 P. C.

:

1.

Heard Mr. Bidkar, learned Advocate for Applicant in BA 893/2024; Ms. Chandka, learned Advocate for Applicant in BA 3688/24 and Mr. Shirsat, learned APP for Respondent 2.

Learned APP on behalf of the prosecution has placed on record the list of prosecution witnesses which the prosecution desires to examine in the trial. He would inform that insofar as witness No. 1 is concerned, his examination is almost over. He has produced list of the witnesses which is reproduced herein under for reference:-

Sr.No.

Name To Speak about Sh. R. S. Bisht, AD NCB Mumbai To speak about report of arrest of A-3 Sh. Dinesh A. Chavan, Supdt, NCB MZU, Mumbai To speak about the information report, seizure report, arrest report and Go -down In charge Sh. Jagtap Amol Haribhau, To speak about the Panchanama dated 31.10.2022 to 01.11.2022 and voluntary statement of all accused IO (Seizing Officer) Sh. More Amol Trimbak, IO (Complainant) Information note and investigating officer of this case.

Sh. Mohd Javed Mollah Shah Ansari, Pancha witness To speak about the Panchanama dated 31.10.2022 to 01.11.2022 Sh. Bashir Abdul Gani Malgunkar, Pancha Witness To speak about the Panchanama dated 31.10.2022 to 01.11.2022 Sh. Satish Rajaram Naikar, Scientist'B' (Chemistry), CFSL, Pune To speak about the chemical examination report 2.1.

He would persuade the Court to allow the prosecution to complete the trial which they intend and endeavor to complete within 3 months from today. I make it clear to the prosecution that if it is an attempt to allow the prosecution to take time or give particular time frame to the Court in order to ward off the present case before the Court,prosecution should be careful in making such statement and giving such lists. The reason why I state this is because for the last two months in my present roster assignment, I have observed that trials are taking an invariably long period of time due to various reasons which are beyond the control of the trial Courts. In the

present case, Mr. Shirsat has placed before me the list of prosecution witnesses with their names and details and hence, I would like to believe it and give an opportunity to the prosecution to keep their word.

3.

There are two accused in the present crime. One is in incarceration for 2 and 1⁄2 years and another is in incarceration for 1 and 1⁄2 years. However the submissions made by Mr. Shirsat appeal to the Court.

I have therefore expressed my mind to Mr. Bidkar and Ms. Chandka, learned Advocates for the Applicants. They would persuade me to pass appropriate orders on 10.03.2025 after they would obtain instructions from their respective clients and inform to the Court on the next adjourned date.

4.

Stand over to 10th March, 2025 at 2:30 p.m.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.03.07 18:57:23 +0530 RAVINDRA MOHAN AMBERKAR