Aavesh @ Ajju Karim Sayyed Shaikh v. State Of Maharashtra

20.BA.692.25.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. 692 OF 2025 Aavesh @ Ajju Karim Sayyed Shaikh .. Applicant

Versus

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

 Mr. Kamlesh Satre, Advocate for Applicant.

 Ms. Megha Bajoria, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 20, 2025.

P.C.:

1.

Heard Mr. Satre, learned Advocate for Applicant and Ms. Bajoria, learned APP for Respondent - State.

2.

This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with C.R.No.282 of 2023 registered with Mahim Police Station, Mumbai for the offences punishable under Sections 8(c) and 22(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') 3.

Indictment of the Applicant is for apprehending him with 57 grams of MD. Defence of the Applicant is that in the memorandum panchanama / seizure panchanama appended at page No.25 of the Application it is categorically stated that on the instructions of the

20.BA.692.25.doc concerned Investigation Officer / Police Inspector the entire police party has conducted the search of the Applicant. 4.

Prima facie this is a transgression of the provisions of Section 50 of the NDPS Act on the basis of record.

5.

Ms. Bajoria, learned APP is directed to take appropriate instructions from the concerned Investigating Officer and apprise the Court on the next adjourned date as to the submissions made by the learned Advocate for Applicant.

6.

Stand over to 19th March, 2025 at 02:30 p.m.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.02.20 15:49:18 +0530 AJAY TRAMBAK UGALMUGALE