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2023 Supreme(Bom) 2028

M. S. KARNIK
Vikas Babbarsingh Itkan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Pranav Pokale, Advocate, Tanmay Karwa, Advocate, Aditya Bagal, Advocate, Veera Shinde, Advocate, Laxman Baliram Dhengle, Advocate

JUDGMENT/ORDER

1. This is an application for bail in respect of the offence punishable under Ss. 8(c), 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereafter 'NDPS Act' for short) registered on 17/08/2021 vide C.R. No.249 of 2021 with Khadaki Police Station, Pune.

2. The applicant is accused No.1. There are in all 3 accused. The applicant was arrested on 17/08/2021. The applicant was noticed by the patrolling party carrying a sack. His movements were found to be suspicious. After necessary procedural formalities, the sack of the applicant was searched. The applicant was found in possession of the contraband 'charas' weighing about 1000 gms. Learned counsel for the applicant submitted that the applicant was in possession of contraband which quantity was less than the commercial quantity prescribed by the notification under the NDPS Act. According to him, therefore, the rigours of Sec. 37 of the NDPS Act for satisfying the twin conditions will not arise in the present case. It is further submitted that the applicant is in custody for more than 2 years and 2 months without any possibility of trial concluding any time soon. According to the learned couns

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