MUKESH RAJARAM CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned APP for the State.

(2.) This is an application for bail in respect of the offence punishable under Ss. 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('NDPS Act' for short) registered on 17/9/2021 vide C.R. No.83 of 2021 with Anti Narcotic Cell, Ghatkopar Unit, Mumbai.

(3.) The date of the incident is 17/9/2021. A secret information was received by the investigating agency on 17/9/2021 that around 2:00 p.m. a person carrying contraband Codeine and Chlorpheniramine mixed with cough syrup will be coming near Ghatkopar Mankhurd link road public toilet for the purpose of selling the contraband. The investigating agency arranged for 2 persons to act as panchas. They left for the place where the accused was supposed to come with the contraband as per the secret information. A person resembling the description that the police had received, arrived near the Ghatkopar Mankhurd link road public toilet. The person was carrying a khaki coloured gunny bag. The officer in charge of the raiding party approached the said person. The said person tried to flee but the police officer succeeded in apprehending him who is the present accused/applicant herein. Upon searching the applicant a sum of Rs.2000.00 was recovered. After taking a search of the gunny bag, it revealed that the applicant was carrying with him 200 bottles of cough syrup which came to be recovered. The label pasted over the bottles of the cough syrup mentioned that it is Chlorpheniramine Maleate and Codeine Phosphate Syrup 100 ml. Further reading of the label revealed that every 5 ml of syrup contained 10 milligram of Codeine Phosphate. The applicant could not give any satisfactory answer as to where he got the contraband from. On the basis of these accusations, the offence came to be registered against the applicant.