9.BA.3534.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3534 OF 2026 Rameshwarlal Motiji Ahir .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Ali Kaashif Khan Deshmukh a/w. Ms. Snigdha Khandelwal and Mr. Mohammed Farid, Advocates for Applicant.  Mr. Amit A. Palkar, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 22, 2026. P.C.: 1. Heard Mr. Khan - Deshmukh, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking bail in connection with C.R.No.197 of 2026 registered with Wagholi Police Station, District Pune for offences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”). 3. Applicant is incarcerated in an NDPS offence for the past more than one year. There are primarily seven discrepancies with regard to non-compliance of procedure under Sections 42 and 52 of NDPS Act brought to notice of the Court. According to Applicant, the 1 of 4 9.BA.3534.2026.doc crime register number is already mentioned on the seal at the time of seizure panchanama itself and that itself has to be a ground for consideration. 4. Needless to state that the issue between irregularity and illegality of the actions taken on the part of the prosecution officers shall be considered at the time of trial because Mr. Palkar persuades the Court to consider the aberrations as mere irregularities. The physical description of the contraband which is otherwise available and visible to the naked eye is required to be described as it is. However, there is vast discrepancy with regard to its description as well when it is reflected as white powder in the seizure panchanama and brown colored liquid and paste with lumps in the inventory panchanama. 5. The weight of the contraband also differs in both the panchanamas by 4 grams and also the packaging description. Total weight of the sample is not recorded in the seizure panchanama whereas it is so recorded while doing the inventory. The inventory has not been prepared as per the prescribed format. In view of these discrepancies and the fact that the trial has not commenced and the prosecution desires to examine approximately 25 witnesses and Applicant claims that he has no criminal antecedents, which is refuted by Mr. Palkar. I am inclined to consider the Applicant’s case. In view of the above, Applicant has made out a case for grant of bail. 2 of 4 9.BA.3534.2026.doc 6. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Rameshwarlal Motiji Ahir is directed to be immediately released from prison in connection with CR. No.197 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Wagholi Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or 3 of 4 9.BA.3534.2026.doc tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 7. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.22 20:25:15 +0530