MOIZ SHABBIR LOKHANDWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The applicant who is arraigned in C.R.No. 1112 of 2022 registered with Mumbra Police Station for the offences punishable under Ss. 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Ss. 25 read with Ss. 3 and 4 of the Arms Act, 1959 and Ss. 135 read with 37(1) of the Maharashtra Police Act, 1951, has preferred this application to enlarge him on bail.

(3.) On 25/11/2022 pursuant to a secret information that Abhishek kumar Mahato (A1) and Vijay Madhe (A2) were to come near Y Junction, Mumbra - Shilphata bypass road, Thane to sell mephedrone (MD), Thane police conducted surveillance accompanied by panch witnesses. At about 2.20 p.m., accused Nos.1 and 2 whose description matched the information, came near Y Junction. They were accosted. They were apprised of their right under Sec. 50 of the Act, 1985. As they declined to avail the said right, search was conducted. In the search of Abhishek (A1), a plastic pouch containing white substance was found. It appeared MD and weighed 107 gms. A country made pistol and 9 live cartridges were also found in possession of Abhishek (A1). In the search of Vijay (A2), a chopper was found. Incriminating articles were seized and sealed. Samples of the contraband were collected.