CHRISTINA FRANCIS MACGLIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The applicants, who are arraigned in C.R.No.96 of 2021 registered with Anti Narcotic Cell, Bandra Unit, Mumbai, for the offences punishable under Ss. 22(c), 25, 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Sec. 201 of the Indian Penal Code, have preferred these applications to enlarge them on bail.

(3.) On 13/11/2021, an information was received that a named lady was to come between 7.15 a.m. to 7.45 a.m., near Lucky Hotel, Sakinaka to sell Mephedrone (MD). After complying with the statutory requirements, a survelliance was conducted. At about 7.30 a.m., Christina - applicant in BA No.651 of 2024, whose features matched the description given by the informant, reached the said spot in an autorikshaw. Christina was carrying a small purse. As her movements appeared suspicious, she was accosted. She was apprised of her right under Sec. 50 of the Act. As she declined to avail the right to be searched before the nearest Magistrate or Gazetted officer, a search was conducted in the presence of public witnesses. In the purse, which Christina was carrying, a small transparent plastic pouch with zip lock was found. The said pouch contained off white substance. It was MD. It weighed 50 gms. Contraband article was seized. Samples were collected. Upon interrogation, Christina disclosed that one Atul Walodara was her partner and she had procured the contraband from Rajkumar Rajhuns - applicant in BA No.2905 of 2023.