ABDUL RASHID MULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these applications i.e. Bail Application No.2237/19 and Bail Application No.2239/19 are decided by this common order because they are concerning the same investigation. For the sake of convenience the Applicants are referred to by their names as Abdul Rashid and Mustakeem. The investigation is over and the charge-sheet is filed.

(2.) The Applicants are seeking their release on bail in connection with C.R.No.41 of 2018 dated 19/09/2018 registered with Anti Narcotic Cell (for short 'ANC'), under sections 8(c) r/w 22(c), 23, 29 of the Narcotic Drugs & Psychotropic Substances Act , 1985. The Applicants are arrested on 22/09/2018. Since then they are in custody.

(3.) The prosecution story is that, on 18/09/2018, a lady travelling to Doha, Qatar by name Furkana Khatun Shaikh was stopped at Chhatrapati Shivaji Maharaj International Airport, Sahar. Her baggage was checked. One of the bags was of dark purple colour. It had three story books and bangles. The contraband mentioned as Amphetamine weighing 465 gms was recovered from those articles. Furkana was arrested. Contraband was seized. Samples were drawn. Panchanama was carried out and the FIR was lodged. She was arrested. During investigation it was transpired that she had received those articles from one Tabassum Shaikh and one Rashid Hasan Faraz. According to investigating agency the Applicant Mustakeem, the Applicant Abdul Rashid, absconding accused Niyaz and Shoeb were staying in Zam Zam Hotel on 17/09/2018. Accused No.3 Rashid Faraz was given 465 gms of contraband kept in dark purple trolley bag, on 17/09/2018 at around 11.00 p.m. which was given to Furkana at Hotel Shalimar by another accused Tabassum. Furkana tried to go abroad when she was stopped and arrested.