LUCKY SHARMA Vs. STATE OF GOA

JUDGEMENT

(1.) By this Application, the applicant (accused no. 4) seeks release on bail in Crime No. 183/2021 of P.S. Pernem (now being investigated by the NCB) under Sec. 20(b)(ii)(A), 22(c) and 29 of the NDPS Act. The aforesaid crime is registered on the basis of the complaint dtd. 25/11/2021 lodged by PSI, Vivek Halarnkar of P.S. Pernem. According to the informant in a raid conducted on 25/11/2021, on prior information, 49.2 grams of ganja, 15.7 grams of estacy tablets and 19.10 grams of MDMA was recovered from accused nos. 1, 2 and 3, namely, Shabab Khan, Imran Khan and Niyazuddin.

(2.) During the course of investigation, the statement of these accused persons were recorded under Sec. 67 of the NDPS Act, in which, it was disclosed that the contraband was procured from the applicant, who is the resident of Bengaluru. According to the prosecution, the statement of the present applicant also came to be recorded under Sec. 67 of the NDPS Act and during the course of investigation, it was disclosed that there were whatsapp chats between the applicant and accused no. 1 about sale and purchase of ganja. These whatsapp chats were during the period from November 2020 and January 2021.

(3.) The prosecution is also relying upon two Bank entries dtd. 28/10/2021 for ?32,000/- and ?4,999/- dtd. 29/10/2021 in order to claim that the applicant was associated with the accused in the matter of sale and purchase of the said contraband. The applicant was arrested on 22/2/2021 and is in custody since then. The investigation is stated to be in progress.