AMJAD ASLAM SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicants who are arraigned in NCB/MZU/CR-18/2021 registered with Narcotics Control Bureau, Mumbai for the offences punishable under Sec. 20(b), 22(c), 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act, 1985) seek to be enlarged on bail.

(2.) On 27/2/2021 an information was received that Amjad Shaikh (A/1), the applicant in Bail Application No. 215 of 2022, and Aijaz Supariwala (A/2) had in their possession narcotic drug/ psychotropic substance at Room No. 37, Arab Galli, Amtullah Apartment, C wing, Mumbai-8 and Room No. 27-B, Pathawadi, Piru Lane, Imam Wada, Mumbai-9 and were selling the same to their purchasers, in small quantity. After complying with the procedural requirements and obtaining authorization under sec. 41(2) of the NDPS Act, 1985, a team of NCB conducted raid at Room No. 37. The applicant Amjad Shaikh (A/1) was present in the said room. In the search of the said room, a black bag was found in an Alimirah. Upon opening, three small polythene pouches containing powder were found kept therein. The applicant Amjad Shaikh (A/1) claimed the said bag and stated that the substance contained in three polythene pouches was Mephedrone (MD). The substance was mixed and kept in one polythene bag. The net weight of contraband substance was 53.4 gms. Three more packets containing black substance were found in the said bag. The applicant Amjad Shaikh (A/1) disclosed that the said substance was Charas. It was tested with drug detection kit. The test turned out positive for Charas. It weighed 7 gms.

(3.) During the course of investigation, it transpired that the applicant Amjad Shaikh (accused No. 1) had procured the contraband substance, from Aijaz Supariwala (A/2) and Iqra Qureshi (A/3), the applicant in Bail Application No. 390 of 2024. The complicity of the applicants and the co-accused Aijaz Supariwala (A/2) was revealed during the course of investigation and from the statements recorded under sec. 67 of the NDPS Act, 1985. The learned Special Judge declined to exercise the discretion in favour of the applicants. Hence, this application.