Rahil Abdul Rasheed Ghansar v. The State Of Maharashtra

69.BA.4248.2024.doc HARSHADA H. SAWANT (P.A.) 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.4248 OF 2024 Rahil Abdul Rasheed Ghansar .. Applicant

Versus

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

 Mr. Sanad Vijay Desai a/w. Mr. Aditya Pawar, Advocates for Applicant.

 Ms. Mahalakshmi Ganpathy, APP for Respondent - State of Maharashtra.

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CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 24, 2025 P.C.

:

1.

Mentioned out of turn at the time of rising.

2.

Heard Mr. Desai, learned Advocate for Applicant and Ms. Ganpathy, learned APP for Respondent - State of Maharashtra. 3.

This is an Application under Section 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking Bail in connection with C.R. No.307 of 2024 registered with Koparkhairane Police Station for offence punishable under Section 8(c), 20(b)(ii), (c) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") for being in possession of 2.7 / 10 kgs of contraband (charas) which is above commercial quantity.

4.

The principal grievance of Applicant is that seizure is in noncompliance of Section 50 of the NDPS Act in as much as Applicant is

69.BA.4248.2024.doc not apprised of his right, as also FSL Report is also not been part of charge-sheet. Learned APP is directed to take appropriate instructions on the aforesaid two counts and apprise the Court on the next adjourned date when this Application will be heard by the Court. 5.

Stand over to 07th February, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.01.24 19:30:58 +0530 HARSHADA HANUMANT SAWANT