ILAIBAKSH BABAMIYA MUNDHE 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 F.NO.No.DRI/MZU/PRU/INT-90/2019 registered by Directorate of Revenue Intelligence (DRI), Pune Regional Unit, Pune, for offences punishable under Sec. 8(c), 20b(ii)(C), 28 and 29 of the Narcotric Drugs and Psychotropic Substances Act (NDPS Act ).

(2.) It is the case of prosecution that on 19/5/2019 while informant and other police personnel were patrolling on Ahmednagar Kalyan Road, they received secret information about transportation of illegal narcotic drugs through a Ashok Leyland truck bearing Registration No.AP-27-W-2461 and further got information that a Toyota Innova Cresta bearing Registration No.MH-12-QF-4567 is escorting the said truck. Accordingly, both vehicles were intercepted. Accused Gundurao Patil, Ilaibaksh Mundhe (applicant) and one Nisar Pathan were found in the said car. Accused Gundurao Patil, on being grilled, revealed of concealment of ganja in the truck. The raiding team found 149 packets weighing 835.48 kgs of ganja worth Rs.1,25,32,200.00. After carrying out necessary formalities of panchnama and drawing of sample, the said contraband came to be seized. The sample was sent to Central Forensic Science Laboratory and they confirmed it to be ganja.

(3.) Mr.Chaitanya Pendse, learned counsel for the applicant, has raised threefold submissions. Firstly, the applicant has been arraigned as an accused on the basis of statement of co-accused which is not admissible in law, in view of dictum laid down in Tofan Singh vs. State of Tamil Nadu 2020 DGLS(SC) 591 . Secondly, there is no compliance of Sec. 42 and 52A of the NDPS Act and thirdly, there is no material on record to connect the applicant to the alleged offence. Investigation is over and charge-sheet has been filed. In such circumstances, no purpose would be served by keeping the applicant behind the bars, argued learned counsel.