FOLARIN ABDULLASEEZ ANDOYIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.616 of 2019 registered with Police Station Chaturshrungi, Pune, for offences punishable under Sec. 8(c) and 21(c) of Narcotic Drugs and Psychotropic Substances Act (NDPS Act), Sec. 65(E) of Maharashtra Prohibition Act and under Sec. 14 of Foreigner Citizen Act.

(2.) Informant is attached with Social Security Department, Crime Branch, Pune City as Inspector of Police. As per information received from her superiors that in Baner, Oundh, Pune, Nigerians are selling drugs like cocaine and in order to apprehend them, she formed a raiding team with police personnel and staff members including the panch witnesses.

(3.) They reached at around 4.30 hours at Kalamkar Chowk in Baner, Pune, and on public road, in front of Mahi Rose Nursery, found a silver Honda CRV bearing number MH 43 R9 245 parked on the side of the road. A Nigerian person was standing with a black cloth bag in his hand. The moment he saw the raiding team, he hurriedly tried to get in his car. The raiding team grew suspicious and surrounded the car. On being enquired, he introduced himself as Folarin Abdullaseez Andoyin. After apprising him of his right of search, to which he declined, the raiding party carried out the search in presence of panchas and found 488 grams and 490 milligrams white cocaine powder in a white transparent plastic bag worth Rs.48,62,800/- . The car was also searched and cash of Rs.8,39,490/- along with other articles was found. After taking the necessary sample, First Information Report (FIR) came to be lodged.