BHARAT PUKHRAJ CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties.

(2.) The petitioner has sought a declaration that his arrest in Crime No.221 of 2023 registered with Bhoiwada Police Station, Thane on October 21, 2023 under Sec. 8(K), 22(K) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sec. 18(K), 18(A) punishable under Sec. 27(B) and 28(A) of the Drugs and Cosmetics Act, 1940 is illegal and under Articles 21 and 22 of the Constitution of India so also Sec. 50 of the Code of Criminal Procedure, 1973. The petitioner has also sought quashing of the remand order dated February 11, 2024 and subsequent remand orders in the aforesaid case.

(3.) The facts necessary for deciding the writ petition are as under:- 4000 bottles of various cough syrups were found in possession of co- accused Shiraj. The possession was with an intention to illegally market the same, which falls within the definition of psychotropic substance. As a sequel of above, the offence being Crime No.221 of 2023 referred above came to be registered. The present petitioner is impleded as accused no.5 and his address is shown as resident of Pali District, Rajasthan.