Sajid Ramzan Khan vs The State Of Maharashtra
2021 Latest Caselaw 3427 Bom

Rane                                   1/2                        BA-2396-2018 (SR.11)
                                                                    23.2.2021,Tuesday


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                CRIMINAL APPELLATE JURISDICTION

                BAIL APPLICATION NO. 2396 / 2018



Sajid Ramzan Khan                                          .....Applicant

         V/s.

The State of Maharashtra                                   ....Respondent


                                    * * * *

Ms. Munira Palanpurwala a/w. Mr. Mushtaq Shaikh a/w.

Ms. Deepa Amati, advocate for the applicant.

Mr. S.R. Agarkar, APP for State.


                            CORAM : SANDEEP K. SHINDE, J.

Tuesday, 23 rd February, 2021.

P.C. :

1. Heard learned Counsel for the applicant and

learned APP for State.

2. In this case, contraband i.e. 60 gms of

mephedrone was found and recovered from the house of

the applicant.

Rane 2/2 BA-2396-2018 (SR.11) 23.2.2021,Tuesday

3. Learned Counsel for the applicant, submits

that, applicant's house was searched on the information

disclosed by accused nos.1 and 2. Thus, it is submitted,

the raiding party not comprising of the Gazetted Officer,

first took a personal search and thereafter effected the

recovery of contraband from the premises, which is

impermissible in law.

3. It is settled law that, mandate of Section 50

of the Act is confined to "personal" and not to of a

vehicle or a container or premises.

4. Learned Counsel seeks time to place on record,

the judgments in support of her submissions. Stand th over to 2 weeks i.e. 9 March, 2021 for further

consideration.

         Digitally
         signed by
Neeta    Neeta S.
         Sawant
S.       Date:
Sawant

(Sandeep K. Shinde, J.) 2021.02.23 17:49:58 +0530