KIRAN MACHHINDRA KALE Vs. SENIOR INSPECTOR OF POLICE

JUDGEMENT

(1.) The regular Court recused these applications. Hence, as per the roster, the applications are listed before this Court as an alternate bench.

(2.) Heard learned counsels appearing for all the applicants and the learned Special Public Prosecutor (PP) for the respondents. These applications are by Kiran Kale-accused no. 6, Afjal Sunsara-accused no. 20, Manoj Palande-accused no. 19, Parshuram Jogal- accused no. 15, Ram Gurbani-accused no. 17, Kuldeep Indalkar-accused no. 9, Rishikesh Mishra-accused no. 12 and Rakesh Khaniwadekar-accused no. 14 seeking bail in connection with the C. R. No. 1089 of 2020 dtd. 8/10/2020, registered with Chakan Police Station. The offences are punishable under Sec. 8(c), 21(c), 22(c), 29, 31(A) and Sec. 27(A) of The Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') and Sec. 120-B of the Indian Penal Code. The chargesheet was filed on 28/9/2021, and the case is registered as Special (NDPS) Case No. 116 of 2021, pending before learned Additional District and Sessions Judge Khed. A total of 22 accused are chargesheeted. These applications are filed by eight accused, as mentioned above.

(3.) The main submission on behalf of the applicants is regarding the mandatory requirement of Sec. 52-A of the NDPS Act, which is not complied with by the investigating authority. It is submitted that on 7/10/2020, certain substances were seized, and the samples drawn on the spot were sent for chemical analysis. The prosecution relied upon the report of those samples in the chargesheet, stating that it was a positive report indicating that the seized substance was Mefedrone ('MD').