RAHUL MADAN SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Ashish Jha, learned counsel for the Petitioner and Mr. Vinod Chate, learned APP for the Respondent ' State.

(2.) This Writ Petition is already admitted. By consent of the parties, it is taken up for final hearing. Learned counsel for the Petitioner submitted that the Petitioner is a young Engineer and he proposes to study abroad for further education. Considering his future, we have heard the Petition finally which was already admitted vide order dtd. 1/10/2024.

(3.) This Petition is for quashing and setting aside the proceedings pending before the J.M.F.C., Vasai vide S.C.C. No.548/2021 under Sec. 8(c) read with 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the N.D.P.S. Act). The prosecution case is reflected in the FIR lodged by Shri Kiran Avhad, Police Constable attached to Manikpur police station. The FIR is lodged at the said police station vide C.R. No.II-36/2021 dtd. 7/2/2021. It is mentioned in the FIR that the informant and his team had received instructions from their superiors to conduct raid within jurisdiction of their police station against the persons who were consuming narcotic drugs. The informant's team called two panchas. They started patrolling in that area in civil dress. At about 7.00 p.m. on 7/2/2021 they came near Sun City. They received secret information that two persons were consuming narcotic drug in an open place in front of a temple.