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Bombay High CourtBA/4306/2024allowed

Mohammed Gulfam Mohammed Ajaz Khan v. State Of Maharashtra

2025-02-07Hon'Ble Shri Justice Milind N. Jadhav2 pages

76.BA.4306.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4306 OF 2024 Mohammed Gulfam Mohammed Ajaz Khan .. Applicant

Versus

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

 Mr. Tohid Shaikh, Advocate i/by Ms. Anjali Patil for Applicant.  Ms. Shilpa Gajare - Dhumal, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 07, 2025.

P.C.:

1.

Mentioned at the time of rising of the Court. 2.

Heard Mr. Shaikh, learned Advocate for Applicant and Ms. Gajare - Dhumal, learned APP for Respondent - State. 3.

Mr. Shaikh would submit that Applicant is in incarceration for the past 3 and 1⁄2 years.

He would submit that when the Applicant was apprehended he was 19 years old. He was apprehended in a chance recovery of 45 sealed bottles of Chlorpheniramine Meleate and Codein Phosphate Syrup in one hand and 3.440 kilograms of ganja in another hand.

4.

Mr. Shaikh, learned Advocate would persuade me to consider that pursuant to the seizure no inventory panchnama has been prepared by the prosecution. He would submit that there are

76.BA.4306.24.doc discrepancies in the procedure adopted under Sections 50 and 52 of the NDPS Act also.

5.

Prosecution shall take cognizance of the aforesaid submissions made by Mr. Shaikh and accordingly apprise the Court on the next adjourned date.

6.

Considering the long incarceration of the Applicant, I am inclined to take the matter for hearing on 26th February 2025 at 02:30 p.m.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date:

2025.02.07 19:51:40 +0530 AJAY TRAMBAK UGALMUGALE