Sambhaji Chandrakant Lamkhade v. The Inspector Of Customs And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3952 OF 2024 Sambhaji Chandrakant Lamkhade ... Applicant

Versus

The Inspector Of Customs And Anr ... Respondents _________________________________________________________________ Mr. Aryan K. Kotwal a/w. Mr. Taraq Sayed and Mr. Anish Perira, Advocates for the Applicant.

Mr. Rushikesh Munde, Special P.P. a/w. Shatabdi Netke, for Respondent No.1.

Mr. S.S.Pednekar, APP for Respondent No.2-State. _________________________________________________________________ SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2026.01.17 15:38:20 +0700

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in C.R.No. 8 of 2023 registered with Narcotic Cell, Customs Department, Pune, for the offence punishable under Sections 8(c), 20(b)(ii)(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").

2.

It is prosecution's case that on 26.06.2023 on secret information, police apprehended the car. The said car was driven by the applicant. In the said car police found 58.598 kg. Ganja. 3.

It is contention of learned counsel for the applicant that the applicant was apprehended on 27.06.2023 and he was shown arrested on

28.06.2023 and produced before the Trial Court on 29.06.2023. Though the applicant was arrested on 26.06.2023, he was not produced before the Trial Court within 24 hours and requested to allow the application. 4.

It is contention of learned Special P.P. that the applicant was arrested on 28.06.2023 and produced before the Trial Court on 29.06.2023. He was produced before the Trial Court within 24 hours. Hence, requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. It appears from the record that the applicant was apprehended with Ganja on 27.06.2023 but he was produced before the Trial Court on 29.06.2023. It is after 24 hours after his apprehension. Considering these facts, I pass following order.

ORDER

i.

The Applicant is released on bail in C.R.No. 8 of 2023 registered with Narcotic Cell, Customs Department, Pune, on executing P.R.Bond of Rs.30,000/-, on furnishing one or two sureties in the like amount.

ii.

The Applicant shall attend the concerned Police Station as and when required.

iii.

The Applicant shall not tamper with evidence or attempt to influence the witnesses. The Applicant shall not contact the

complainant, witnesses or any other person concerned with present case.

iv.

The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

6.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of. Pending applications, if any, also disposed of. 7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)