Fahad Shabbir Ali Shaikh v. State Of Maharashtra

12 ba 1850-25.doc Laxmi Sontakke (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.1850 OF 2025 Digitally signed by LAXMI SUBHASH SONTAKKE Date:

2025.05.06 18:28:19 +0530 Fahad Shabbir Ali Shaikh .. Applicant

Versus

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

 Mr. Sherali S. Khan, Advocates for Applicant. LAXMI SUBHASH SONTAKKE  Mr. Dinesh Haldankar, APP for the State.

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

CORAM

: MILIND N. JADHAV, J.

DATE : MAY 05, 2025 P.C.

:

1.

Heard Mr.Khan, learned Advocate for Applicant and Mr. Haldankar, learned APP for Respondent.

2.

The Applicant is incarcerated in prison for the past 16 months having been arrested in an indigenous offence. 3.

Mr. Khan, learned Advocate would submit that there is absolute non compliance of the provisions of Section 50 of the NDPS Act. No appraisal letter whatsoever has been given to the Applicant. He would submit that even oral appraisal is prima facie missing which can be seen from the panchanama as also the material which is placed in the chargesheet. That apart, there is a transgression of provisions of Section 52A of the NDPS Act.

3.

The learned Prosecutor appearing in the matter shall apply his mind to the aforesaid submissions made by Mr. Khan and

12 ba 1850-25.doc accordingly apprise the Court of the same.

4.

Liberty to the Applicant, to move the vacation court if so desired.

5.

List the matter for hearing and disposal on 11th July, 2025. [ MILIND N. JADHAV, J. ]