Bombay High Court
Saurabh Rajesh Shingare vs The State Of Maharashtra on 11 August, 2025
2025:BHC-AS:34442
34-ba-181-2025.doc
Nikita
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.181 OF 2025
NIKITA
KAILAS
DARADE
Digitally signed by
NIKITA KAILAS
DARADE
Date: 2025.08.11
21:01:55 +0530
Saurabh Rajesh Shingare ... Applicant
V/s.
The State of Maharashtra ... Respondent
Mr. Chaitanya Mulawkar for the Applicant.
Mr. T. G. Khan, APP for the State.
Mr. Sunil A. Powar, API, Kaushet Police Station, Pune
Rural.
CORAM : ASHWIN D. BHOBE, J.
DATED : 11th AUGUST, 2025
P.C.:
1. Heard Mr. Chaitanya Mulawkar, learned Advocate for the
Applicant and Mr. T. G. Khan, learned APP for the State.
2. By the present application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking
bail in connection with C. R. No.125 of 2024, registered with
Kamshet (Takave) Police Station, Pune, for the offences punishable
under Section 8(c), 21(b) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS Act) and under Section 34 of the
Indian Penal Code, 1860. Said crime is registered as Special Case
No.82 of 2024 and is pending before the Additional Sessions
Judge, Vadgaon Maval, Pune.
1
::: Uploaded on – 11/08/2025 ::: Downloaded on – 11/08/2025 21:37:05 :::
34-ba-181-2025.doc
3. There are two Accused in the crime. Applicant is Accused
No.1, Dinesh Shinde is Accused No.2 in the present crime.
4. Case of the prosecution is that 32 gms of Mephedrone was
seized in the said C. R. No.125 of 2024. 5 gms of Mephedrone
powder was found in possession of the Applicant, whereas 3 gms
of Mephedrone powder was found in the possession of Accused
No.2. 24 gms of Mephedrone powder was found in the residential
house of relatives of Accused No.2.
5. Applicant was arrested on 09.06.2024, since then the
Applicant is in jail. Bail Application at Exhibit-2 in Special Case
No.82 of 2024 was dismissed by the Additional Sessions Judge
Vadgaon Maval Pune, on 11.11.2024.
6. Mr. Chaitanya Mulawkar, learned Advocate for the Applicant
submits that the ground on which the Applicant is seeking bail is
non-compliance of Section of 42(1) of the NDPS, Act as there is no
clarity in the manner in which the Applicant was searched. He
submits that there is non-compliance of the provisions of Section
50(1) of the NDPS, as the Applicant was not appraised of his right
to be searched before the Gazetted Officer.
7. Mr. T. G. Khan, learned APP for the State, submits that the
Panchanama dated 09.06.2024 indicates that there is compliance
with regard to Section 42 (1) of the NDPS Act, as the Applicant
was searched by the Assistant Police Inspector. He submits that the
Applicant was informed of he having a right to be searched in the
presence of the Gazetted Officer.
8. I have perused the record with the able assistance of learned
2
::: Uploaded on – 11/08/2025 ::: Downloaded on – 11/08/2025 21:37:05 :::
34-ba-181-2025.doc
Advocates for the parties.
9. Perusal of the records would indicate that though the
Applicant was issued a noticed dated 09.06.2024, under Section
50(1) of the NDPS, Act, however, the records placed in this
application do not indicate that the Applicant was appraised of his
right to be searched before a Gazetted Officer or a Magistrate. Mr.
Chaitanya Mulawkar, therefore, would be right in his submission
that the there non-compliance of the provisions of Section 50(1) of
the NDPS Act.
10. Mr. Chaitanya Mulawkar, submits that the Applicant does not
have any antecedents as far as any prior offence under NDPS Act.
Applicant is in jail from 09.06.2024. Charge is not framed in
Special Case No.82 of 2024.
11. Contraband which is seized from the Applicant is 5 gms of
Mephedrone, thus an intermediate quantity. Case does not involve
commercial quantity, as such stringent twin conditions under
Section 37 of NDPS Act would not apply. Request for bail is not
fettered by statutory restrictions applicable to commercial quantity
offences. In view of the above, continuation of the Applicant in Jail
pending the trial is not warranted.
12. Present Bail Application is allowed, on the following
conditions:
a) Applicant is directed to be released on bail in
connection with C. R. No.125 of 2025 registered with
Kamshet (Takave) Police Station, Pune on his furnishing PR
bond in the sum of Rs.50,000/- with one or two sureties in3
::: Uploaded on – 11/08/2025 ::: Downloaded on – 11/08/2025 21:37:05 :::
34-ba-181-2025.docthe like amount to the satisfaction of Additional Sessions
Judge, Vadgaon Maval, Pune.
b) Applicant shall attend and regularly appear before the
Additional Sessions Judge, Vadgaon Maval, Pune in Special
Case No.82 of 2024 on each date of hearing, unless
specifically exempted by the Court.
c) Applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
facts of the case so as to dissuade them from disclosing the
facts to the Court or any police officer and shall not tamper
with evidence.
d) Applicant upon his release, within 3 days shall furnish
to the Investigation Officer, Kamshet (Takave) Police Station,
Pune his residential address with proof and the contact
number and to keep the Investigation Officer intimated
about the change in the same from time to time.
e) Applicant shall not involve himself in similar offences.
13. The Bail Application No.181 of 2025 is allowed in the above
said terms.
(ASHWIN D. BHOBE. J.)
4
::: Uploaded on – 11/08/2025 ::: Downloaded on – 11/08/2025 21:37:05 :::