KUNAL DATTU KADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant apprehend his arrest in connection with case No.NCB/MZU/CR-41/2021 registered with Narcotic Control Bureau which invoke offence punishable under Sec. 8( C), read with 20(b) (ii)(c), 28 and 29 of the Narcotics Drugs andPsychotropic Substances Act, 1985. On the complaint being filed before the Special Judge for NDPS Cases by the Intelligence Officer of NCB, Mumbai Zonal Unit, three persons are charged under theNDPS Actwith the above- mentioned Ss. and the Applicant is arraigned as Accused No.3.

(2.) It is alleged that on 17/4/2021 a specific information was received by one Sudhakar R. Shinde, J.I.O. which was reduced into writing and put up before Vishwa Vijay Singh, Superintendent, NCB,(916)ABA-2173-2022.doc Mumbai at 18.00 Hours and he instructed Satish Kumar, Intelligence Officer, to constitute a team and take necessary action as per the law. The information was put up before the Zonal Director, NCB, Mumbai for approval and he approved the above instructions of Superintendent, NCB, Mumbai. As per the information, there was a possibility of availability of huge quantity of Ganja at the house premises of the Applicant at Gandhi Nagar, 2/2, Kulgown Jhoparpatii, Near Badlapur Bus Stand, Badlapur (W), Badlapur, District Thane, Maharashtra-421 503 in the morning of 18/4/2021. It is alleged that the Applicant is involved in selling of Ganja from the said house with the help of his two associates viz. Sunny Pardeshi and Ajay Nair, who are involved in selling of Ganga in small packets to the customers. It was proposed to search the said house in the morning of 18/4/2021 and to take further necessary steps for possible recovery of Ganja.

(3.) Accordingly, a team was formed which reached on the given address. The door was opened by accused Nos.1 and 2 and on establishing identity the entry was gained in the house by the officers. Two persons informed that they were working for the Applicant, but he was not available in the house. There were two parts of the house, one of which was occupied by the Applicant. Search was carried out which led to green leafy substance found in 3 kattas and on weighing scale it was found to be 15 kg, 15 kg and 13 kg. in 3 distinct plastic bags. Marking the same as P-1, P-2 and P-3, the leafy substance purported to be Ganja was put in the bag and seal of NCB was applied. Apart from this some plastic covers were also recovered and it was sated that they were used as packing material for selling of Ganja.