1 wp741.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 751 OF 2010 Saquib Abdul Hamid Nachan ....Petitioner Vs. State of Maharashtra & Anr. ....Respondents Mr.Mubin Solkar with Tahera Qureshi, advocate for petitioner. Mr. A.S.Gadkari, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- SEPTEMBER 2, 2010 P.C. 1. Heard Counsel for the Petitioner as well as learned APP. 2. This Petition is filed through jail essentially questioning the order passed by the POTA Judge dated 3rd April, 2009 in Misc. Application No.16 of 2008. The argument revolves around the statement made in the affidavit filed by Ramakant Padwal dated 27.1.2009, wherein he has mentioned that when he retired, he has handed over charge of his post to ACP Shri Shankar Kambale and at that time handed over all articles including papers to him. It is noticed that 2 wp741.10 Court below to reassure itself called upon the said I.O. Ramakant Padwal to file affidavit and clarify the position. Accordingly, further affidavit came to be filed by him on 17th March, 2009. Considering the panchanama of seizure and the two affidavits of Ramakant Padwal together, there is no reason to depart from the conclusion reached by the lower Court that the grievance of the Petitioner is completely misplaced and founded on some assumption for the reasons best known to the Petitioner. In the circumstances, this Petition deserves to be dismissed. Ordered accordingly. 3. The Court expresses word of gratitude for the able assistance given by the Advocate appointed to espouse the cause of the Petitioner. 4. Copy of this Order be forwarded to the Petitioner, who is in jail forthwith. (U.D.SALVI, J) (A.M.KHANWILKAR, J)