Altaf Yunus Inamdar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3177 OF 2025 Altaf Yunus Inamdar .....Applicant Vs.

The State Of Maharashatra .....Respondents Mr. N. S. Desai, for the Applicant.

Mr. Shrikant H. Yadav, APP, for the Respondent-State. Mr. Nagnath Khune, API, Local Crime Branch, Solapur gramin. CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : 10th FEBRUARY 2026 P.C.:- 1.

The Applicant has been arrested in C.R. No.118 of 2024 for offences punishable under Sections 8(c), 20(b)(ii), and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. On the basis of information received, a raid was conducted, during which the Applicant, along with other co-accused, was arrested on the spot in possession of a commercial quantity of ganja. 2.

The learned counsel appearing for the Applicant submits that there is non-compliance with Sections 42 and 50 of the NDPS Act. It is further submitted that the Applicant was merely the driver of the 1/4

said vehicle. He has been arrested and has been in custody since the year 2024. There has been no progress in the trial. One of the coaccused has been released on bail by the Sessions Court on the grounds of health and the education of his son. While granting bail, the Sessions Court has observed that the trial is not likely to be concluded in the near future. Therefore, the Applicant claims entitlement to bail on the ground of parity.

3.

As per the statement of one of the witnesses, the Applicant is not the owner of the vehicle. It is thus prima facie established that he was merely the driver of the said vehicle. He was found along with other co-accused and was arrested at the spot. The learned counsel submits that there is non-compliance with the mandatory provisions of Sections 42 and 50 of the NDPS Act and, on that ground, prays that the Applicant be released on bail.

4.

The learned APP submits that there is due compliance with Section 42 of the NDPS Act, as the information received was immediately conveyed to the Police Inspector and action was taken thereafter. It is further submitted that there is compliance with Section 50 of the NDPS Act, as the Applicant was asked to take 2/4

search of the Officers before panchnama. Therefore, there is no question of non-compliance of Sections 42 and 50 of the NDPS Act. 5.

It is further submitted that the quantity of ganja seized is 459.340 kg, which is a commercial quantity, and the Applicant was found in possession of the said contraband along with other coaccused. Though the Applicant has no criminal antecedents, considering the gravity and seriousness of the offense, the learned APP prays for rejection of the Application.

6.

Heard the learned counsel for the Applicant and the learned APP for the State.

7.

The Applicant has been in custody for the last two years. As per the status of the trial, the charge was framed on 25th October 2025; however, since then, not a single witness has been examined. While releasing the co-accused on bail, the Court has already observed that the trial is likely to take considerable time for its conclusion. In view of the prolonged incarceration of the Applicant and the delay in the progress of the trial, the following order is passed: 3/4

ORDER

i) Applicants are allowed.

ii) The Applicant, namely, Altaf Yunus Inamdar shall furnish personal bond of Rs.25,000/- with his recent selfattested photograph and surety of the like amount on the following conditions at the satisfaction of the Investigating Officer;

iii) The Applicant shall remain present before the concerned Police Station on every Friday between 11.00 a.m. to 01.00 p.m;

iv) The Applicant shall cooperate with the investigation and make himself available for interrogation whenever required;

v) The Applicant shall maintain law and order;

vi) The Applicant shall, at the time of execution of the bond, furnish his residential address and contact number to the Investigating Officer, and the Court concerned, and shall not change the residence till the final disposal of the case; vii) The Applicant shall regularly remain present during the trial, and cooperate with the Hon'ble Court to complete the trial for the above offenses.

(MRS. VRUSHALI V. JOSHI, J.) 4/4