RODRIGO DOS SANTOSH ALVES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant (accused) is challenging the order dtd. 16/1/2020, passed by the Narcotic Drugs and Psychotropic Substances Special Judge, City Civil and Sessions Court, Greater Mumbai extending time to file a complaint for further 90 days and also a rejection of bail application seeking benefit of Sec. 167(2) of the Code of Criminal Procedure, 1973 (hereafter "the Cr.P.C .", for short).

(2.) The prosecution case relevant to the adjudication of the issues involved is as under.

(3.) On 22/7/2019, specific intelligence that the applicant holding a Brazilian passport was carrying contraband covered under the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereafter "the NDPS Act ", for short) on his person was intercepted after clearing a green channel at Chhatrapati Shivaji Maharaj International Airport, Mumbai. Cocaine having a gross weight of polythene pouches containing white powder (H1-2037 and H2-2042) was recovered from the applicant's person. The total weight of the Cocaine was 4015 Grams which was seized by Seizure Memo No.219 of 2019 after following the due procedure of law.