Bombay High Court
Mohd.Jamaluddin H.M.Abubakar vs The State Of Maharashtra on 9 October, 2025
36.APEAL.304.1997.doc
Digitally
signed by
ANANT
ANANT KRISHNA IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KRISHNA NAIK
NAIK Date: CRIMINAL APPELLATE JURISDICTION
2025.10.10
15:16:19
+0530
CRIMINAL APPEAL NO. 304 OF 1997
Mohd. Jamaluddin s/o. Haji Mohiddin Abubakar ...Appellant
Versus
The State of Maharashtra ...Respondent
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Mr. Taraq Sayed a/w Adv. Ashwini Achari, Adv. Anish Pareira for the
Appellant.
Mr. Vinit Kulkarni , APP for Respondent/State.
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CORAM : M. M. SATHAYE, J.
DATED : 9th OCTOBER 2025
P.C.:
1. Learned Advocate for the Appellant/Accused No. 1 submitted that this appeal is arising out of conviction under section 29 r/w. 8(c) r/w. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He submits that the Appellant has been sentenced to suffer rigorous imprisonment of 10 years and fine of Rs.1.00 lakh and in default rigorous imprisonment of one year has been imposed. He submitted that he has relied on following four judgments to contend that if the Chemical Analyzer is not examined by the prosecution, the same will be fatal to the case of the prosecution and further submitted that since admittedly the Chemical Analyzer is not examined, the Appellant can be heard firstly for this submission, so that based on the decision of the said aspect, further hearing can take place.
(a) Mirza Qumer Hyder vs. NCB Criminal Appeal no. 554 of 2006 with 555 of 2006
(b) Wessel Van Beelan vs. State of Goa akn 1/2 ::: Uploaded on - 10/10/2025 ::: Downloaded on - 11/10/2025 02:21:30 :::
36.APEAL.304.1997.doc 1999 (5) Bom CR 575
(c) Nicklaus Peter Heel vs. State of Goa 1998 (5) Bom CR 438
(d) Mhd. Yakoob Noor- Mhd. Ansari vs. State of Maharashtra 1993 (3) Bom CR 481
2. Learned APP on the other hand has relied upon following three judgments in answer :
(a) Pradeep Ramniklal Bhat vs State of Maharashtra [(2006) 0 Supreme (Bom) 1446]
(b) State of Himachal Pradesh vs. Mast Ram [2004 (6) Supreme 534]
(c) Ketil Mardal vs. State of Goa [(1997) 0 CrL.J. 3581]
3. Learned counsel for the Appellant seeks time to consider above caselaw.
4. Place the Appeal for consideration on the said aspect on 07/11/2025.
(M. M. SATHAYE, J.) akn 2/2 ::: Uploaded on - 10/10/2025 ::: Downloaded on - 11/10/2025 02:21:30 :::