Bombay High Court
Komal Nitin Pawar vs State Of Maharashtra Through Pso Ps ... on 12 September, 2025
2025:BHC-NAG:9007
1/4 19- ba 804-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION(BA) NO. 804 OF 2025
Komal Nitin Pawar Vs. State of Maharashtra
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Mir Nagman Ali, counsel for the applicant.
Mr.Nitin R.Rode, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 12/09/2025
1. The applicant is arrested in the Crime No.486 of
2024 for the offence punishable under Sections 8(c),, 21 (b)(c)
and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (for short, NDPS Act.
2. In short, the story of prosecution case is as under:-
On 01.09.2024, the information was received and
one person was found in suspicious manner in front of Indian
Engineering Corporation shop, situated on C.A.Road. Upon
examining the said individual, two transparent plastic packets
were found in his possession containing Mephedrone (MD). It
was seized. The said person was taken into custody and during
the interrogation, he has disclosed the name of this applicant.
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Upon arrest of this applicant, in house search 7.57 grams
Mephedrone (MD) was seized from her.
3. The learned counsel appearing for the applicant has
stated that the name of this applicant was disclosed in
confessional statement of the co-accused, which is not
admissible. The prosecution has relied on the CDR reports.
According to the prosecution, the applicant was in contact with
the accused No.3. As per the said report, she was in contact
with accused No.3. The learned counsel appearing for the
applicant has pointed out that the mobile or sim card of both
the accused are not seized during the investigation. There is no
compliance of Section 50 of the NDPS Act, the learned
counsel appearing for the applicant has relied on the judgment
in the case of Ashok Kumr Sharma Vs. State of Rajasthan
reported in 2013 DGLS (SC)30 stating that the search before a
Gazetted Officer or the Magistrate were not complied with and
right to be so searched was not made known to her.
4. The learned counsel appearing for the applicant
further relied on the order of this Court in Criminal bail
application No.2655 of 2024 (Saddam HussainAslam Sarant
Vs. The State of Maharashtra) and Criminal Application (BA)
No 1247 of 2024 (Mohd.Abdul Imtiyaz Mohd. Bdul Hanif
Vs. State of Maharashtra) in support of his argument that the
applicant cannot be convicted only on the CDR report as she
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had communicated with the co-accused. The learned counsel
appearing for the applicant has further stated that though
commercial quantity is found with the other accused, in the
house search of this applicant, 7.57 grams which is
intermediate quantity of the powder is found with this
applicant. Hence, prayed to release the applicant on bail.
5. The learned APP has opposed the application
stating that the involvement of this applicant is clearly proved
from the statement made by the co-accused. 7.57 grams MD
powder has been found in the house search. In Suchna Patra
she has mentioned that she is not willing to call any Gazetted
Officer therefore, there is no question of non compliance of
Section 50 of the NDPS Act. The CDR report will be
considered at the time of trial, at this stage, this is not a fit case
to release the applicant on bail.
6. Heard the learned counsel for the applicant and
the learned APP. The applicant is arrested on the disclosure of
her name in confessional statement of the co-accused. The
quantity which was found in house search is intermediate
quantity. Though the CDR report is filed on record along with
the charge-sheet, it appears that the sim card or mobile phones
of the applicant and the co-accused are not seized.
7. Considering the circumstances, the case is clearly
made out for grant of bail to the applicant. Criminal
application is allowed.
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ii) Applicant- Komal Nitin Pawar be
released on bail in Crime No. 486 of 2024 for
the offence punishable under Sections 8(c), 21
(b)(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 on her
furnishing P.R. Bond in the sum of Rs. 25,000/-
(Rupees Twenty Five Thousand only) with one
surety in the like amount.
iii] The applicant shall attend the concerned
Police Station once in a week, and the police
Station Officer shall record her presence.
iv] The applicant shall not in any way tamper
with the prosecution evidence.
v] The applicant shall not pressurize or
threaten the prosecution witnesses.
vi] The applicant shall co-operate the
investigation officer.
The Criminal Application stands disposed of
accordingly.
JUDGE
Signed by: Kavita P Kavita
Tayade
Designation: PS To Honourable Judge
Date: 12/09/2025 19:17:18
