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2024 Supreme(Bom) 1062

BOMBAY HIGH COURT
SHAMSHAD HUSSAIN SHAFI ANSARI – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


JUDGMENT :

(MANISH PITALE, J.)

1. Heard learned counsel for the applicant and learned APP for the respondent-State.

2. The applicant has approached this Court seeking bail as he was arrested on 3rd May 2023 in connection with C.R. No. 59 of 2023 registered at Kurla Police Station, Mumbai, for offences under Sections 8(c), 21(c), 20(b)ii(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

3. The allegation in the present case concerns contraband charas and mephedrone (MD). It is alleged that charas weighing 82.25 grams and MD weighing 102.5 grams were seized in the present case, both being commercial quantities.

4. Upon completion of investigation, charge-sheet was filed and the applicant has remained in judicial custody since 3rd May 2023.

5. The learned counsel for the applicant referred to the documents filed along with the charge-sheet and he submitted that the panchanama in the present case executed on 2nd May 2023, refers to the contraband being seized and placed in pista coloured packet, while the inventory panchanama executed on 13th June 2023 shows that the contraband was taken out before the Magistrate from khaki coloured packet. It is submitted tha

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