Saurav Chaki v. The State Of Maharashtra, Thr. Pso, Ps, Saoner, Dist. Nagpur

19_BA_616_2025.docx Prasad Rajput 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.

OF 2025 Mohd Nadir Nabiullah Shaikh .. Applicant

Versus

State Of Maharashtra .. Respondent ....................

 Mr. Amol M. Thombre, Advocate for Applicant.

 Mr. Hitendra J. Dedhia, APP for State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 18, 2025 P. C.

:

1.

Heard.

2.

Applicant is apprehended with the conscious possession of 53 bottles of alleged contraband (CODEINE) in a chance recovery. Applicant in incarceration since 06.05.2024.

3.

Learned Advocate for Applicant would inform Court that pursuant to seizure of the alleged contraband, the inventory panchanama has been carried out after a period of 58 days which is unusual because if page No.58 is seen, then from the dates emanating from there, it is clear that the alleged contraband was in transit between the period of seizure panchanama and the date of inventory panchanama. He would submit that prima facie there is apparent transgression of the provisions of Section 50 of the NDPS Act which is noticed from the record of the case. That apart he would submit that

19_BA_616_2025.docx both the accused apprehended with the alleged contraband were given a joint appraisal regarding their statutory rights and this itself contradict the statutory provisions.

4.

Learned APP shall appropriate instructions from the concerned Investigating Officer on the aforesaid submissions made by the learned Advocate for Applicant and apprise the Court on the next adjourned date.

5.

Stand over to 25th March, 2025 (at 02:30 pm). P.R. Rajput [ MILIND N. JADHAV, J. ]