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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MILIND N. JADHAV
Chandrabhan Janardhan Yadav – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Criminal Bail Application No.2254 of 2024 is filed by Accused No.6. Criminal Bail Application No.262 of 2025 is filed by Accused No.4. Criminal Bail Application No.266 of 2025 is filed by Accused No.5. Criminal Bail Application No.4709 of 2024 is filed by Accused No.2.
2. Mr. Khan, learned Advocate represent Accused Nos.4, 5 and 6. Mr. Karmarkar, learned Advocate represent Accused No.2. Since all above four Bail Applications arise out of the same crime, they are heard together and disposed by this common order, though by order dated 12.02.2025, applications of Accused Nos.4, 5 and 6 were tagged together.
3. For convenience, Applicants shall be referred to by their respective nomenclature as Accused in the charge-sheet.
4. Heard Mr. Khan, learned Advocate for Accused Nos.4, 5 and 6, Mr. Karmarkar, learned Advocate for Accused No.2, Mr. Dedhia, learned APP for Respondent No.1 – State and Mr. Karmakar, learned APP for Respondent No.1 – State.
5. Briefly stated, prosecution case is as under:-
5.1. All Four Bail Applications are arising in connection with CR.No.69 of 2023 for offences punishable under Sections 8(c), 21(c), 22(c) and 29 of NDPS Act, [The Narcotic Drugs And Psycho
Strict adherence to statutory procedures under the NDPS Act is essential; non-compliance can lead to the grant of bail even in serious drug-related offences.
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
The court emphasized that bail under the NDPS Act requires satisfaction of two conditions: reasonable grounds for believing the accused is not guilty and that he is not likely to commit an offence wh....
The court emphasized strict compliance with procedural safeguards under the NDPS Act, highlighting that significant lapses can undermine the prosecution's case, especially in light of prolonged incar....
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
Non-compliance with arrest procedure and statutory requirements under NDPS cannot alone invalidate prosecution; however, substantial evidence is necessary, especially for bail under Section 37.
Point of Law : violation of Section 52 of the NDPS Act is concerned, suffice it to note that present petitioners were duly informed about grounds of their arrest and therefore, it cannot be said that....
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