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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Dhruv Dalip Tahil – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. court condones delay for filing a revision application. (Para 1 , 2) |
| 2. prosecution establishes applicant’s involvement based on communications. (Para 4 , 5) |
| 3. court examines parameters and limitations of revisional powers. (Para 7 , 9 , 10) |
| 4. joinder of multiple charges must adhere to procedural law. (Para 11 , 12 , 14 , 15 , 16) |
| 5. prosecution lacks evidence to substantiate charges against the applicant. (Para 18 , 19 , 20) |
| 6. court quashes trial orders and discharges the applicant on legal grounds. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Interim Application No.1074 OF 2024 was filed for condonation of delay in filing Criminal Revision Application No.183 of 2024. This Court, by an order dated 20.03.2024 (Coram: S.M. MODAK, J.) has condoned the delay.
2. This is a Revision Application filed under Section 397 r/w Section 401 of Cr.P.C. [The Code of Criminal Procedure, 1973] challenging orders dated 04.07.2023 and 07.10.2023 passed by the Special Judge rejecting the Discharge Application and a subsequent Clarification Application preferred by Applicant – Accused No.2 below Exhibit 16 and Exhibit 20 respectively in N.D.P.S. Special case No.711 of 2021.
Commitment of distinct offences requires separate charges under the Cr.P.C., as failure to comply leads to procedural invalidity of prosecution.
wherever a Court comes to conclusion that the process of Court is being abuses, the Court would be justified in refusing to proceed further and refused the party from pursuing the remedy in law.
The court established that prima facie evidence is necessary for proceeding with drug-related prosecutions, and confessions made to certain officers are inadmissible.
Charges under the NDPS Act cannot be framed based solely on co-accused statements and CDR evidence without establishing grave suspicion against the accused.
The court held that confessions of co-accused are inadmissible against another accused, and call detail records alone do not establish complicity in drug trafficking.
The court ruled that reliance on inadmissible co-accused statements cannot sustain a conviction, leading to the grant of bail under the NDPS Act.
The court ruled that statements of co-accused are inadmissible without corroboration, impacting the prosecution's case for bail under the NDPS Act.
Statements of co-accused are inadmissible without corroboration, and mere association does not establish a prima facie case for bail denial under the NDPS Act.
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