SHIVRAJ GORAKH SATPUTE Vs. STATE OF MAHARASHTRA

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.1494 of 2021 pending on the file of Special NDPS (C.R.42), Greater Bombay, for offences under Ss. 8(c) r/w 20 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act ).

(2.) It is the case of the prosecution that on 1/7/2021 at about 17.40 hours, the team of Anti Narcotic Cell was deputed to trace an absconding accused. The NCB team saw one person near Surabhi Jewellers, Kathewadi Chowk, Malad carrying two bags. His conduct appeared to be suspicious. He tried to flee away from the spot on seeing them. The NCB team apprehended the said person, who disclosed his name as Vinod Rajaram Shinde. Since he gave evasive replies, the presence of panchas was secured and his personal search was taken after complying with all the statutory provisions. It is stated that 22 Kgs of contraband i.e. Ganja was recovered from him. In the course of the investigation and on the basis of the information furnished by the said person, the accused No.2 -Samadhan Tawde came to be arrested at Nashik on 3/7/2021 and 10 Kg of ganja came to be seized from his possession. It is alleged that on the basis of the information given by said Samadhan Tawde, 50Kg of Ganja came to be recovered from the house of the Applicant at Ahmednagar. The Applicant came to be arrested on 06/07/2021. The investigation followed and upon completing the investigation charge-sheet came to be filed.

(3.) The Applicant filed an application for bail before learned Sessions Judge, which came to be dismissed by order dtd. 22/06/2022 mainly on the ground that the Applicant was found to be in possession of commercial quantity of contraband. Learned Judge further held that there was due compliance of Sec. 42 and 50 of the NDPS Act. Learned Judge further held that the Applicant is not entitled for bail in view of interdict placed under Sec. 37 of the NDPS Act. Hence, the present application.