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2014 Supreme(Bom) 417

A.R.JOSHI
Kailash Rajput – Appellant
Versus
Intelligence Officer, Air Intelligence Unit, Customs – Respondent


Advocates appeared:
For the Applicants:A.P. Mundargi, Senior Advocate a/w. Ayaz Khan i/b. Rajendra Bidkar, A.H.H. Ponda a/w. Ayaz Khan i/b. Rajendra Bidkar, Shirish Gupte, Senior Advocate i/b. Rajendra Bidkar, Advocates.
For the Respondents:R1, Rebecca Gonsalvez, Advocate, R2, S.V. Gajare, APP.

Order

1) Heard the learned Counsels for the respective applicants. Also heard the learned Special Prosecutor for the Customs.

2) All the three Bail Applications are arising out of the investigation carried out by the Intelligence Officers, Air Intelligence Unit, Customs and subsequent filing of the complaint bearing NDPS Special Case No.51 of 2013 filed on 12th April, 2013 alleging commission of offences against all the three applicants for the offences punishable under Sections 29, 22, 28 read with Section 23 and 8(c) of NDPS Act, 1985.

3) At the threshold it must be mentioned that all the three bail applications under consideration are preferred not on the merits of the matter, but, under the provisions of Section 167(2) of Criminal Procedure Code on the ground that till date there is no complaint against the applicants for finding in possession of Ketamine and Methamphetamine. According to the applicants, they are entitled for bail as there is no complaint filed within the period of 180 days of the arrest of the applicants and specifically alleging that they are dealing in Ketamine and Methamphetamine.

4) Prior to dealing with the arguments advanced on behalf of the applicants, cert




























































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