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Bombay High CourtBA/3800/2024allowed

Arif Hamid Shaikh @ Michael v. The State Of Maharashtra

2025-01-31Hon'Ble Shri Justice Milind N. Jadhav1 pages

4. BA-3800-2024.docx 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. 3800 OF 2024 Arif Hamid Shaikh @ Michael .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Kamlesh M. Satre for Applicant  Ms. Rajeshree V. Newton, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : JANUARY 31, 2025 P. C.

:

1.

Mentioned at the time of rising.

2.

Heard.

3.

Applicant before me is indicted and is in incarceration since 14.02.2024 for indictment in NDPS case for possessing 52 grams of MD contraband. Principal objection raised by the Applicant is that search has been carried out by constable which is not permitted to do so under Section 42 of the NDPS Act.

4.

Learned APP shall take appropriate instructions and apprise the Court on the next adjourned date.

5.

Stand over to 7th February, 2025.

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

2025.01.31 19:23:26 +0530 RAVINDRA MOHAN AMBERKAR