ARSHAD KARAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking regular bail. The applicant seeks his release in connection with Crime Register No. 72 of 2024 registered with APMC Police Station, Navi Mumbai, for offences punishable under Ss. 8(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").

(2.) The prosecution case is that on 21/2/2024, Police Constable P. H. Tayde received specific information that Arshad Khan, residing at Lodha Pallava, Dombivali, would arrive between 19:15 hours and 19:30 hours at Pendhar Bridge Phata, Kamboli- Shilphata Road, Taloja, Navi Mumbai, to sell Mephedrone ("MD") to his customers. The said information was reduced to writing and forwarded to the superior officers for obtaining authorization as required under Sec. 42(2) of the NDPS Act. Two panch witnesses were arranged, and the raiding team proceeded to the spot and maintained surveillance.

(3.) Around 19:15 hours, a person matching the description given by the informer arrived at the location. The officers intercepted him. On inquiry, he disclosed his name as Arshad Khan, the applicant herein. He was informed of his right to be ed before a Gazetted Officer or a Magistrate as required under Sec. 50 of the NDPS Act. On conducting his personal , one black bag was recovered from his left pant pocket. On inspection, it was found to contain a small plastic pouch with off- white crystalline powder suspected to be Mephedrone, weighing 500 grams. A mini electronic weighing machine, small plastic bags, and a mobile handset were also found in his possession. The seized articles were sealed and labeled in accordance with the NDPS Act. The applicant was arrested, and FIR No. 72 of 2024 was registered with Taloja Police Station for offences under Sec. 8(c) read with Sec. 22(c) of the NDPS Act on 21/2/2024.