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Bombay High Court

Siraj Fakir Mohammad QureshiversusAnti Narcotic Cell, Ghatkopar Unit

Decided
Disposal
Disposed Off

Holding

The revision application is dismissed as infructuous, with no merits decided.

Summary

Siraj Fakir Mohammad Qureshi filed a criminal revision seeking to challenge the trial court's order rejecting his discharge under the Narcotic Drugs and Psychotropic Substances Act, 1985. While the revision was pending, the court framed charges against him and he filed a separate application contesting the framing of those charges. The learned counsel argued that the revision had become moot. The High Court held that the revision application was infructuous in view of the subsequent framing of charges and the pending challenge, and therefore dismissed it without deciding the merits. The order expressly states that no substantive issue was decided.

Issues considered

  • Whether a revision application challenging the rejection of a discharge order under the NDPS Act remains maintainable after charges are framed against the applicant.
  • Whether the existence of a pending application challenging the framing of charge renders the revision application infructuous.

Legislation cited

Subjects

  • revision
  • criminal procedure
  • NDPS Act
  • discharge order
  • framing of charge
  • infructuous application

Judgment

                                                                                   123-REVN-379-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                          CRIMINAL REVISION APPLICATION NO. 379 OF 2025

                             Siraj Fakir Mohammad Qureshi                                … Applicant
                              Versus
                             State of Maharashtra                                        … Respondent
                             _________________________________________________________________
                             Ms. Puja Yadav i/b. Mr. Shreerat Kamath, Advocate for the Applicant.
          Digitally signed
          by SONALI
SONALI SATISH
       KILAJE
SATISH Date:
KILAJE 2026.01.31
                             Smt. Ranjana D. Humane, APP for the Respondent-State.
       17:04:50
          +0700

                             _________________________________________________________________

                                                                   CORAM       :    SHIVKUMAR DIGE, J.
                                                                   DATE        :    28th JANUARY, 2026.
                             P.C. :

                             1.            Heard learned counsel for the applicant and learned APP for the

                             State.

                             2.            Learned counsel for the Revision Applicant submits that by this

                             application, applicant has challenged the order rejecting the order of

                             discharge by order under the provisions of The Narcotic Drugs and

                             Psychotropic Substances Act, 1985 ("NDPS Act"). But during the pendency

                             of this application, charges have been framed against the applicant and

                             applicant has preferred separate application challenging the framing of

                             charge. The said application is under scrutiny.

                             3.            Considering the submission of learned counsel for the Revision

                             Applicant, this Revision Application has become infructuous. Dismissed



                                                                Page 1 of 2
                                                123-REVN-379-2025 (CR).doc


S.S.Kilaje


and disposed of.   I make it clear, this application has not decided on

merit.



                                            (SHIVKUMAR DIGE, J.)




                              Page 2 of 2


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