Ravi Mangya Dharawat vs State Of Mah. Thr. Pso Bamni ...
2022 Latest Caselaw 1501 Bom

                                                                                           (1)                                                 19.ba.1335.2021

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        NAGPUR BENCH : NAGPUR

                                  CRIMINAL APPLICATION (BA) NO.1335 OF 2021

                                            Ravi Mangya Dharawat
                                                       Vs.
                            The State of Maharashtra through P.S.O. Bamni, Gadchiroli
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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             Mr. M. N. Ali, Advocate for applicant.
             Mr. A. R. Chutke, APP for non-applicant /State.


                                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 14/02/2022

The contention of Mr. Ali, learned counsel for the applicant, is that while the search was conducted in which, it is claimed that 32 Kg of Ganja in 15 packets was recovered from the applicant, the applicant was not apprised of the right to a search being conducted before a Gazetted Officer as contemplated by Section 50(1) of the Narcotic Drugs and Psychotropic Substances Act (NDPS). Reliance is being placed on the order of this Court in Criminal Bail Application No.2295 of 2021, Sholadoye Samuel Joy Vs. The State of Maharashtra, decided on 20.01.2022, State of Rajasthan Vs. Parmanand and another, 2014 (5) SCC 345, Venugopal Jaj Reddy and Ors Vs. State of Maharashtra, 2006 ALL MR (Cri) 387, Mrs. Parchal @ Zilliza Isuchukwa Vs. The State of Maharashtra, 2000 ALL MR (Cri.) 1761, in support of the said contentions.

(2) 19.ba.1335.2021

2. Mr. Chutke, learned APP for the non- applicant/State submits that there are criminal antecedents of the applicant, as on an earlier occasion the applicant was involved in transportation of Ganja of the quantity of 40 Kg and was arrested in Crime No.93 of 2018 by RPS Kazipeth, for which the communication dated 24.06.2021 issued by the Station House Officer, RPS Kazipeth is tendered across the bar, which is taken on record. He further submits that there is a recent judgment of the Hon'ble Apex Court on this point, and seeks some time to place it on record, considering which, list the matter on 18.02.2022.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:15.02.2022 10:51