ABDUL KADIR GHOGARI Vs. UNION OF INDIA

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.1189 OF 2021 pending on the file of Special Court (C.R.42) (NDPS) at Greater Bombay, for offences under Ss. 8(c) r/w 22 (c), 27, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (the NDPS Act ).

(2.) It is the case of the prosecution that pursuant to specific information received by the Intelligence Officer that a person by name - Abdul Kadir was to come near Mao Chinese Bhangar Shah Baba Darga, Mahim for sale of substantial quantity of Mephedrone (MD) to a customer, the NCB team and the panchas had proceeded to the spot. The Applicant herein who had come to the said place was accosted and Mephedrone of commercial quantity was recovered from his possession after complying with all the relevant provisions of the NDPS Act . Contraband of commercial quantity was also recovered from the co- accused, from whom the Applicant had purchased the contraband. The Applicant and the co-accused were placed under arrest. The sample which was drawn in presence of the Magistrate, was sent to CFSL and the same has tested positive for Mephedrone. Hence, charge sheet came to be filed against the Applicant and the co-accused for the offences as stated above.

(3.) The bail application filed by the Applicant has been dismissed by the Special Court mainly on the ground that he was found in conscious possession of commercial quantity of Mephedrone and hence contravention of Sec. 50 would not per se give a right to seek bail. The learned Judge observed that prima facie there are reasonable grounds to believe that the Applicant is involved in committing the offences as alleged and hence he is not entitled for bail.