Ankil Kholwadwala v. Union Of India And ANR

37A. BA-5353-2024.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. 5353 OF 2024 Ankil Kholwadwala .. Applicant

Versus

Union of India & Anr.

.. Respondents ....................

 Mr. Ramesh Tripathi a/w Mr. Chinmay Dhanavade, Mr. Animesh Kashyap, Ms. Sonal Singh & Ms. Shruti Tripathi i/by M/s. Ramesh Tripathi & Associates for Applicant  Ms. Shilpa K. Gajare-Dhumal, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 04, 2025 P. C.

:

1.

Mentioned at the time of rising.

2.

Applicant before me is arraigned as accused No. 3. Mr. Tripathi would submit that accused Nos. 2, 4 and 5 are already enlarged on bail. Crime in question is recovery of 6695 bottles of cough syrup from the custody of accused No. 1. Accused No. 1 has given a statement naming and indicting present Applicant - accused No. 3 stating that the said cough syrup was to be supplied to the other accused on the order of the Applicant. Applicant before me is working as a Manager in the medical store named as "The G Next" a sole proprietorship which is owner of the Medical Store in Surat for the past few years by virtue of his degree in Pharmacy. He would submit that partners of the said Medical Store have not been implicated. He Corrected / Modified Order as per Speaking to the Minutes of Order dated 07.02.2025 1 of 2

37A. BA-5353-2024.docx would submit that indictment of the Applicant is merely on the statement of accused No. 1. He would submit that Applicant has no antecedents whatsoever. He would therefore persuade the Court to consider his long incarceration of two years and hear the present Application.

3.

Respondent No. 1 - Union of India through Intelligence Officer, NCB is directed to depute a responsible pleader to appear before the Court on the next adjourned date. Copy of this order shall be served by Mr. Tripathi on Respondent No. 1.

4.

Stand over to 11th February, 2025. To be placed under the caption "First on Board" It is clarified that if there is no representation on behalf of Respondent No. 1, this Court shall not await their representation and proceed with the matter in accordance with law. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.02.07 19:25:27 +0530 RAVINDRA MOHAN AMBERKAR Corrected / Modified Order as per Speaking to the Minutes of Order dated 07.02.2025 2 of 2