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1995 Supreme(Bom) 285

N.P.CHAPALGAONKER
Balu s/o Rakhmaji Khamkar and another – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---Heard Shri V.S. Bedre, counsel for the applicant and Shri V. B. Ghatage, Addl. Public Prosecutor for the State.

2. Applicant, who is accused in Crime No. 31 of 1995 registered by Rahuri Police Station for allegedly having committed offence punishable under sections 20 21, 22, 25 and 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 prays for bail by virtue of the provisions of section 167(2) of the Code of Criminal Procedure.

3. It is the case of the prosecution that applicant was found in possession of Ganja and he was arrested on 11-2-1995. Therefore, the charge sheet should have been submitted within 90 days thereafter.

4. It is the case of the prosecution that on 14-3-95, Police Constable Prakash Rukhmaji Padale-Bakkle No. 776 of Rahuri Police Station had been to Special Judges Court. But the said charge sheet was not accepted by the concerned Clerk and Nazir and, therefore, a report came to be submitted to the Police Inspector at Rahuri by the said Police Constable and a copy of the report has also been submitted along with the affidavit of the Assistant Police Inspector Thorat. The report alleged that the clerk of the Special Court












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