ASIF ABDUL MEMON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant who is arraigned in C.R.No.115 of 2021 registered with New Panvel Police Station for the ofences punishable under Ss. 20(C) read with 8(c) and Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act), has preferred this Application under Sec. 482 of the Code of Criminal Procedure, 1973 (the Code), assailing the legality, propriety and correctness of the Order dtd. 17/9/2021 passed by the learned Special Judge, Panvel-Raigad, granting two months extension to complete the investigation in the said crime.

(2.) On 25/3/2021, pursuant to an information, a raid was conducted on Pune-Mumbai Highway in front of JNK Lifters Pvt. Ltd., wherein a Innova Car bearing Registration No.MH-04/CJ-9363, which was on its way to Mumbai from Pune, was intercepted. The Applicant and the Accused No.1 were found in the said car. During the course of the search, in the presence of the public witnesses, 10 gunny bags containing 200 kgs ganja were found. The contraband articles were seized. Samples were collected. The Applicant and the Accused No.1 were apprehended. Crime was registered at C.R.No.115 of 2021 with New Panvel Police Station for the ofences punishable under Ss. 20(C) read with 8(c) and 29 of the NDPS Act.

(3.) The Applicant along with the co-accused were produced before the learned Magistrate on 26/3/2021. They were initially remanded to police custody and later on to judicial custody. The period of 180 days, for which detention is permissible under Sec. 36-A of the NDPS Act, was to expire on 21/9/2021.