CHAND RIYAZ SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C. filed by the aforesaid Applicant who is facing trial in NDPS Special Case No. 796 of 2021 pending on the file of learned Special Judge NDPS (C.R.42), Gr. Bombay, for offences punishable under Sec. 8(C ), 22( C), 27A, 28, 29, and 35 of the Narcotics and Psychotropic Substances Act, 1985 (NDPS Act ).

(2.) The case of the prosecution is that on 2/1/2021 at about 16.15 hours specific information was received that the Applicant would be delivering the contraband which was concealed in the dicky of the scooter, to an unknown person near Novelty Medicine Shop, near Bandra Railway Station, Guru Nanak Marg, Bandra. The information was reduced into writing and forwarded to the Superintendent and the Zonal Director of the Narcotic Control Bureau (NCB) and the NCB team proceeded to the disclosed spot. It is alleged that at about 11.00 p.m. the scooter driven by the Applicant was intercepted and four zip-lock pouches, which contained some white colour substance, concealed in the dicky of the scooter, were recovered. The said pouches were separately weighed, and later emptied in one transparent ziplock pouch and a homogeneous mixture was prepared which weighed 400 grams. The same was seized under the panchanama drawn at the spot. The representative sample was drawn and forwarded to CSFL for testing. It has tested positive for mephadrone.

(3.) In the course of the investigation the co-accused came to be arrested. The Applicant as well as the co-accused were initially remanded to police custody, and subsequently to Judicial Custody. The investigation proceeded and after conclusion of the investigation, Chargesheet came to be filed against the Applicant for the offences as stated above.