ROCKYSING JALINDERSING KALYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking his release on bail in connection with C.R.No. 492 of 2017 registered at Khadak police station, Pune, under Ss. 8(c), 20(b)(ii)(c), 21(b) and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and under Ss. 3(1)(i)(ii), 3(2), 3(4), 3(5) of The Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOC Act'). The applicant was arrested on 07/01/2018 and since then he is in custody. The investigation is over and the charge-sheet is already filed. In this case, provisions of MCOC Act were invoked on 25/01/2018.

(2.) Heard Shri. Subhash Jha, learned counsel for the applicant and Shri. Amit Palkar, learned APP for the State.

(3.) The prosecution case started with the First Information Report (for short 'F.I.R.') lodged by Police Inspector Sunil Dogre on 15/12/2017. He has stated that, on that day he was attached to Anti Narcotic Squad, Crime Branch, Pune city, as Police Inspector. At about 2:00p.m. they had gone on patrolling duty. When they had reached at Ekbote colony, at around 3:15p.m. two persons were seen running away suspiciously. The first informant and others got suspicious. They confronted both of them. They gave their names as Gopinath Navnath Misal and Hussain Papa Shaikh. The police squad had reasonable suspicion that they were carrying narcotic drugs and, therefore, immediately two panchas were called. After following due procedure under the NDPS Act and after making them aware of their rights under the Act, both of them were searched. It was found that, Gopinath Misal was carrying 34 gms. of brown sugar and Hussain Shaikh was found with 33 gms. of brown sugar. The contraband was kept in small paper packets. The contraband was tested on the testing kit. The samples were taken. The accused were arrested. Accused Gopinath informed the police that, he was sent by Aarti Misal, her sister Pooja Misal, Nilofer Shaikh, Azhar Shaikh and the present applicant to collect this contraband from Hussain, the other accused. On this basis, the F.I.R. was lodged under sec. 8(c), 21(b) and 29 of NDPS Act. A panchanama to that effect was also carried out. Subsequently, the another arrested accused Azhar gave a statement which was recorded under sec. 27 of the Indian Evidence Act. He showed willingness to point out the place where he had concealed Heroin and Charas. He led the police party to a closed house. There was a flex board on that roof. Below that board the contraband was concealed. There were various small packets of the contraband weighing about 1 Kg. of heroin. Again samples were drawn and the contraband was seized. The investigation was carried out further. The Chemical Analyzer's report confirmed presence of Heroin in the samples.