- 1 - 1 - 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE, CRIMINAL JURISDICTION SIDE, CRIMINAL JURISDICTION SIDE, CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2768 OF 2005 APPLICATION NO. 2768 OF 2005 APPLICATION NO. 2768 OF 2005 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 321 OF 2005 APPEAL NO. 321 OF 2005 APPEAL NO. 321 OF 2005 Yatin Ramchandra Dalal. .. ..Applicant (Orig.Accd. No.1) Versus Versus Versus The State of Maharashtra. ........Respondent ----- Shri. S. V. Marwadi, Advocate, for the Applicant-Orig. Accused No. 1. Shri. Y. S. Shinde, A. P. P., for the Respondent-State. ------- CORAM CORAM CORAM : A. M. KHANWILKAR, J. : A. M. KHANWILKAR, J. : A. M. KHANWILKAR, J. DATE DATE DATE : NOVEMBER 21, 2005 : NOVEMBER 21, 2005 : NOVEMBER 21, 2005 P. C. . Heard learned Counsel for the parties. 2. After going through the evidence on record, in particular the depositions of Prakash Devchand Shirsat (P. W. 1) and Tahir Niyas Ahmed Ansary ( P. W.2), I am in agreement with the arguments canvassed on behalf of the applicant that the discrepancy occurring in the evidence that the substance recovered from the applicant as "morphine" "morphine" "morphine" has been tested by the Chemical Analyser as "heroin" "heroin" "heroin". This anomaly has not been - 2 - 2 - 2 - explained in the evidence of the Prosecution witnesses. 3. Shri. Shinde, the learned A.P.P., fairly accepts this position. If it is so, the recovery would become doubtful and that recovery cannot be based to find the guilt against the applicant-accused. Viewed in this perspective, the applicant deserves to be enlarged on bail on the following strict conditions : i) The applicant is directed to be released on bail in connection with Sessisons Case No. 275 of 2004 on a Personal Bond in the sum of Rs. 50,000/- with two local sureties in the like amount. ii) The applicant shall report to the Thane Police Station , Crime Branch on the first Monday of every English Calendar Month between 10 A.M. and 12 Noon. iii) The applicant shall furnish his latest place of residence to the concerned Police Station. iv) The applicant shall surrender his - 3 - 3 - 3 - passport, if any. If there is no passport, the applicant to file an affidavit disclosing that fact. 3. The criminal appliciation is disposed of in the above terms. ( A. M. KHANWILKAR, J. ) A. M. KHANWILKAR, J. ) A. M. KHANWILKAR, J. )