WASIM AKRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these applications, being moved under Sec. 439 of the Code of Criminal Procedure, applicants arrested on 18/5/2023 seek regular bail in connection with Crime No.401/2023 registered with the non-applicant police station for offences punishable under Ss. 8(b), 8(c), 21(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act).

(2.) Heard learned counsel Shri S.P.Bhandarkar for applicants (in Criminal Application Nos.1141 and 1179/2023) and learned counsel Shri S.H.Sudame for applicant (in Criminal Application No.285/2024) and learned Additional Public Prosecutors Shri M.J.Khan and Ms.H.N.Prabhu for the State.

(3.) The accusations against applicants are on the basis of report lodged by Assistant Police Inspector Amol Krushnaji Mude, attached to the Darwha Police Station. As per his report, he received a secret information that contraband article 'Mephedrone' is being transported in a white colour 'Hyundai Verna Car' bearing registration No.MH-49/B/7082 and the said car is proceeding through 'Samruddhi Mahamarg". He immediately forwarded the said information to his superior i.e. Assistant Superintendent of Police and also Police Inspector, Darwha Police Station. He also called two panchas from the Panchayat Samiti Office at Darwha and also called a jeweller to weigh the contraband article. By carrying the sealing material, police officials proceeded towards spot of incident and intercepted the said car. In the said car, applicants were found. After giving their search and informing rights of applicants, under Sec. 50 of the NDPS Act, personal search of applicants was carried out. During the search of the said car, a box below dash board was found containing a brown colour envelope, which was opened in presence of panchas, in which 'Mephedrone' powder weighing 150 grams was found. The net weight of the said mephedrone powder was 141 grams 600 miligrams. In presence of panchas, samples were obtained. Cash amount was also seized from applicants. It is also mentioned that they have kept provision for obtaining the samples in presence of the Magistrate in view of compliance under Sec. 52 of the NDPS Act. After a due compliance of the mandatory provision, they arrested applicants.