VENKTESH SHIVA PERMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The applicant who is arraigned in C.R.No.9 of 2023 registered with DCB, CID, Unit No.7, Ghatkopar (Original C.R.No.6 of 2023 registered with Bhoiwada Police Station) for the offences punishable under Ss. 20(b)(ii)(C) and Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act, 1985) has preferred this application to be enlarged on bail.

(3.) Pursuant to a secret intimation that four persons with described features and articles would come in front of Abstract Authentic Shop, Dadasaheb Phalke Road, Dadar on 1/2/2023 in between 3.30 a.m. to 4.30 a.m., the police party conducted a surveillance at the spot. At about 3.50 a.m., four persons matching the description and carrying the bags came thereat. They were accosted. After following the mandate of the provisions contained in Sec. 50 of the Act, personal search of those persons was conducted. In a traveller bag which the applicant was carrying four packets were found. Those four packets contained ganja weighing 8 kg and 655 gms. Co-accused Sandeep was found in possession of 33 kgs and 608 gms ganja. Likewise, co-accused No.3 Surya Roy was found in possession of 20 kgs. 520 gms contraband and co-accused Mohammad was found in possession of 23 kgs and 600 gms of ganja. Thus, the aggregate of 66.455 gms of contraband article worth Rs.30,58,200.00 was found in possession of the applicant and the co-accused who were moving together. Contraband articles were seized. Samples were collected. The accused came to be arrested. The inventory before the learned Magistrate was prepared in conformity with the provisions contained in Sec. 52-A of the Act.