WASEEM AHMAD BHAT Vs. STATE OF GOA

JUDGEMENT

(1.) Heard learned Counsel for the Applicant and learned Additional Public Prosecutor for the Respondents-State.

(2.) The Applicant is seeking bail in connection with FIR No. 7/2023 registered with Calangute Police Station for offences punishable under Sec. 20(b)(ii)(B), 22(c) and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act, for short).

(3.) The case of the prosecution is that the Police received information that two persons are likely to deliver narcotic substance to their respective customer on 16/1/2023 between 23.10 hours to 02.10 hours on a grey colour Honda Activa scooter bearing registration no. GA-11-C-7242. The complainant reduced information into writing and informed about it to Police Inspector, Calangute Police Station. The copy of the information was submitted to the Sub-Divisional Police Officer, Porvorim, Goa, with a special messenger. Presence of two panch witnesses was secured and they were informed about the information received by the Police. At about 22.35 hours, the police team reached the spot and waited for the arrival of the persons indulging in narcotic drugs. They noticed Honda Activa scooter near the Radisson Hotel at Sinquerim, Bardez, Goa. It was driven by one male person and the other male person was a pillion rider. The scooter was parked by the side of the road and the said persons were proceeding towards the internal road. The Police team headed towards the said persons and encircled them. They introduced themselves to the said persons. The suspects disclosed their names. One of them was Applicant. He was riding the two wheeler. The suspects were informed about their right to be searched before the Gazetted Officer or the Executive Magistrate. Search of the vehicle was taken. It resulted in finding of polythene bag containing the powder suspected to be MDMA. The suspects confirmed that it is MDMA which was carried by them for the purpose of sale to their prospective customers. The powder was weighed and it was found weighing 20 grams. Testing kit was used for testing MDMA and thereafter the substance was sealed. On further checking the dicky of the scooter, another polythene bag containing black colour sticky substance was found, which was suspected to be charas. The weight was 225 grams. The drug testing kit testified it to be charas. Complaint was registered. Accused were arrested. On completing investigation, the chargesheet was filed.