Akshay Ramu Medithi v. Union Of India And ANR
34-BA-2171-2025.DOC Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2171 OF 2025 Akshay Ramu Medithi ...Applicant
Versus
Union Of India And Anr.
...Respondents
Mr. Taraq Sayed (V/C), with Anish Pereira and Aryan Kotwal, for the Applicant.
Ms. Megha Bajoria, SPP for the Respondent No.1-Union of India. Ms. S.D.Shinde, APP for the Respondent No.2-State.
CORAM:
R. M. JOSHI, J.
DATED:
30th MARCH, 2026.
PC:- 1.
Learned Special Public Prosecutor has filed an affidavit in reply. The same is taken on record. A copy of the same be served on the other side.
2.
Learned counsel for the Applicant submits that the question in this Application is, as to whether the LSD papers, which were allegedly seized from the residence of the present Applicant, is of commercial quantity in order to grant or deny bail to the Applicant having regard to the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act'). In this regard, it is his further submission that the record does not indicate that on the seizure of the alleged LSD papers from the house of the Applicant, they were weighed by the Investigating Agency. It is 30th March, 2026.
34-BA-2171-2025.DOC further submitted that the weight is carried out for the first time in the inventory panchanama. It is further argued that there is no seal number mentioned in the inventory panchanama, which creates a doubt about the seized articles being kept tamper proof. Finally, he drew attention of the Court to the C.A. Report indicating that out of 1.5 grams of the LSD papers, 1.2 grams were returned as remainant. It is his submission that in respect of the LSD papers, it is necessary that all sheets are examined by the C.A. To support his submission, he seeks leave to place reliance on the orders passed by this Court in three different cases. He further argues that a doubt is created with regard to the seizure as in the panchanama, it is referred to as papers whereas it is recorded as sticks in the application for inventory made before the Magistrate. 3.
The learned APP seeks time to go through the said orders and make submissions in this regard.
4.
At her request, stand over to 9th April 2026. (R. M. JOSHI, J.) { Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2026.04.01 17:54:57 +0530 SHAMBHAVI NILESH SHIVGAN 30th March, 2026.