IMRAN SALIM SHAIKH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This is an Application under Sec. 439 of Cr.P.C. filed by the aforesaid Applicant who is facing trial in NDPS Special Case No.1190/2021 pending on the file of NDPS Special Judge, Greater Mumbai. The said case arises from C.R.No.28/2021 registered with Narcotics Control Bureau, Mumbai Zonal Unit for the offences punishable under Sec. 8(c) r/w. Ss. 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act .

(2.) Heard learned counsel for the Applicant, learned counsel for Respondent No.1-NCB and learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The case of the prosecution in brief is that the specific information was received on 27/03/2021, at about 03:30 hours, that the Applicant and the accused no.2 were residing in flat no.1203, Millenium Heritage, wing, S.V. Road, Andheri (W), Mumbai and that they were in possession of narcotic drugs. The information was reduced into writing and the premises were raided on 28/02/2021 between 06:00 to 08:00 a.m. It is alleged that mephedrone weighing about 54 grams which is a commercial quantity was recovered from the cupboard of flat no.1203. The said contraband was seized in presence of panchas. The sample was drawn and forwarded to CFSL for analysis. After complying with mandatory provisions, the sample tested positive for mephedrone. Hence, the complaint came to be filed against Applicant and others for offences as stated above.