SIDDHARTH PITHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant, who came to be arrested by the Narcotics Control Bureau (NCB) on 26/5/2021 in C.R.No. 16 of 2020, seek his release on bail on the ground that the complaint do not disclose sufficient material against him, and therefore, his further detention in judicial custody is unnecessary, and it is violative of Article 21 of the Constitution which ensure him right to life and liberty.

(2.) I have heard Advocate Tariq Sayed for the applicant and Advocate Shriram Shirsat a/w Advocate Amandeep Singh Sra for the respondent, Union of India.

(3.) The original complaint was instituted in the background of an incident dtd. 28/8/2020, when a team of NCB Mumbai and NCB quarters, New Delhi, apprehended two persons named, Abbas Ramzan Ali Lakhani and one Karan Arora, resident of Powai. Total 59 grams of ganja was recovered from the duo and they came to be arrested. During the investigation of the case of late Sushant Singh Rajput (SSR), a film actor, total 35 accused persons were arrested in C.R.No.16/2020. On further investigation with Abbas Ali and Karan Arora, six persons were apprehended and on taking the investigation ahead, based on the alleged disclosure made by Accused no.6, Samuel Miranda and accused no.8 Dipesh Sawant, the applicant was indicted of procurement of ganja/weed/joint/charas at Mumbai. The applicant came to be apprehended from Hyderabad on 25/5/2021 and is accused offences punishable u/s.8(c) r/w Sec. 20(b)(ii)(a), 27, 27-A, 28, 29 and 35 of the NDPS Act, 1985. His statement u/s.67 of the NDPS Act alleged to be a voluntary one, was recorded, where he admit his involvement in procurement, purchase, sale, consumption, preparation under the NDPS Act and accept himself to be a part of conspiracy.