ROHIT DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal application is filed by the present petitioner against the order dated 15th June, 1992 passed by the Judge, N. D. P. S. Special Court, (Court No. 24), Greater Bombay, in Bail application No. 260 of 1992 and Bail Application No. 254 of 1992 in Remand Application No. 72 of 1992 (arising out of Narcotic Cell, K. Division, C. R. No. 17 of 1992 ).

(2.) BY the aforesaid judgment and order, the trial Court rejected the application for bail preferred by the present petitioner who is original accused No. 3. The only question which I have to decide is as to whether the present petitioner is entitled for the grant of bail under Section 37 of the n. D. P. S. Act of 1985.

(3.) THE petitioner in this case is Ph. D. in Organic Chemistry and is resident of Vapi. The petitioner was arrested at Vapi in Gujarat on 12th April, 1992. It is the case of the prosecution that on the basis of information which they received they carried out raid in godown No. 26, building, Bhangwadi, Kalbadevi Road, Bombay. The aforesaid raid was carried out on 10th april, 1992 between 11. 40 hrs. and 15. 15 hrs. In the aforesaid raid the prosecution found 49 gunny bags containing about 1276. 750 kgs. of Mathaqualone. Police thereafter arrested one sadhuram Maruti Mardekar, a godown-keeper. It is further alleged by the prosecution that accused No. 2 Bachubhai Chimanlal Shah was also found on the loft in the godown with the card-board box containing 15 kgs. of mandrax tablets. The said Bachubhai Shah was also arrested. Thereafter panchanama was drawn and the contraband found as aforesaid was seized and returned to Narcotic Cell office on 16th August, 1992. Diary entry to that effect was made and C. R. No. 17 of 1992 was registered. It is the case of the prosecution that the statements made by the panchas also corroborate the panchanama. Both Sadhuram Maruti Mardekar and Bachulal chimanlal Shah were produced before the Metropolitan Magistrate at Esplanade Court and they were remanded till 13-4-1992.