CHETAN HARIRAJI PUROHIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant who is one of the three accused has prayed for his release on bail in connection with an FIR registered with Chakan Police Station, Pune vide C.R. No. 49 of 2022 for the offences punishable under Ss. 8(c), 20(b)(ii)(C), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") for allegedly found in possession of commercial quantity of Ganja during a chance raid on 10/1/2022 at about 15.30 hours.

(2.) Briefly stated, it is the case of the prosecution that under the leadership of Police Inspector Satish Pawar, the police personnel were on usual patrolling duty in a Government Vehicle No. MH- 14JM-6261 along with other few private vehicles. While patrolling within the territorial jurisdiction of Alandi Police Station, when the team headed by P.I. Satish Pawar entered into the jurisdiction of Chakan Police Station on Chakan - Shikrapur Road, a White Coloured Hundai i-20 car bearing Registration No. RJ14-ZC-3310 overtook the police vehicle in a high speed. The team suspected some foul play and, therefore, followed the said Hundai i-20 car. Ultimately, the said car was intercepted wherein three passengers were found, comprising two males and one female. Admittedly, the co-accused namely Kantilal Mangilal Ghanchi and Monika Hakim Sinh have already been granted bail.

(3.) The Police Officer from the raiding team introduced themselves by displaying their identity cards. Upon inquiry with the passengers in the Hundai i-20 car, it revealed that the applicant though is a temporary resident of Pune basically hails from Village Karlu, Tahasil Binmal, Dist. Jalor, Rajasthan. Second accused - Kantilal Ghanchi is also a permanent resident of Tahasil Marwad Junction, Dist. Pali, Rajasthan and third accused - Monika Sinh is a resident of Hardev Nagar, Barrah Kanpur, Uttar Pradesh. The raiding team apprised them about their right to be searched in the presence of Gazetted Officer, both in Hindi and Marathi language. They were also apprised of the search and seizure of Hundai i-20 Car, which was being driven by accused Kantilal Ghanchi. All of them declined to get themselves searched in the presence of any Gazetted Officer or Magistrate in view of Sec. 50(1) of the NDPS Act.