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URMILA JOSHI-PHALKE
Wasim Akram @ Raja Khan, s/o Abdul Kadir Khan – Appellant
Versus
State of Maharashtra, through PSO Darwha, Police Station Darwha, District Yavatmal – Respondent
| Table of Content |
|---|
| 1. bail applications under ndps act. (Para 1 , 3) |
| 2. allegations of incomplete chargesheet. (Para 4 , 5) |
| 3. prosecution's requirement for fsl report compliance. (Para 6 , 7 , 13) |
| 4. arguments on the validity of chargesheet. (Para 8 , 9 , 10 , 11) |
| 5. statutory interpretation regarding ndps act. (Para 14 , 15 , 16 , 17) |
| 6. court's exploration of case law and statutory interpretation. (Para 19) |
| 7. incomplete chargesheet implications. (Para 20 , 21 , 22) |
| 8. decision on merits of bail applications. (Para 35 , 36 , 37) |
| 9. rejection of bail applications based on procedural compliance. (Para 38 , 39 , 49) |
ORDER :
Urmila Joshi-Phalke, J.
1. By these applications, being moved under Section 439 of the Code of Criminal Procedure, applicants arrested on 18.5.2023 seek regular bail in connection with Crime No.401/2023 registered with the non-applicant police station for offences punishable under Sections 8 (b), 8(c), 21(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act).
2. Heard learned counsel Shri S.P.Bhandarkar for applicants (in Criminal Application Nos.1141 and 1179/2023) and learned counsel Shri S.H.Sudame for applicant (in Criminal Application No.2
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