PAVAN BALKRUSHNA KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 438 of the Code of Criminal Procedure apprehending arrest under Section 20(b) and 22 of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) registered vide Crime No.784 of 2021 with Police Station Malegaon Taluka.

(2.) As per accusations made in the First Information Report (FIR) on 14th October 2021, accused Shankar Bhaskar Ghodeswar was found transporting 28.765 kgs of ganja in Accent Hyundai bearing Registration No.MH-01-CR-915. Accordingly, the raiding party seized the ganja in question. The said accused revealed that it was the applicant who had asked him to carry the ganja and deliver the same at Malegaon. Accordingly, FIR came to be registered.

(3.) Mr.Shekhar Jagtap, learned counsel for the applicant, submits that the applicant has nothing to do with accused Shankar Bhaskar Ghodeswar and he has been implicated falsely purely for political reasons. Moreover, the name of present applicant is given by the accused and that is only ground for arraying him as an accused. The learned counsel also invited my attention to the Remand Report of accused Shankar Bhaskar Ghodeswar and submitted that earlier the accused was remanded to police custody on 14th October 2021 till 18th October 2021. However, on 16th October 2021, the Investigating Officer sought his magisterial custody as according to the Investigating Officer, the said accused was not giving any more information. Also, the accused was in state of addiction, trembling and was incoherent in his conversation. Moreover, the alleged ganja has been seized. There are no criminal antecedents. In such circumstances, the applicant deserves protection at the hands of this Court, urged learned counsel.