ARBAZ ASLAM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks his release on bail in connection with C.R. No.92 of 2023 dtd. 3/11/2023, registered with the ANC, Azad Maidan Unit, for the offences punishable under Ss. 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) The facts of the case, in brief are that, on 2/11/2023, when the officials of the ANC, Azad Maidan Unit, were out for patrolling, at about 10:30 p.m., they found one person lurking in suspicious circumstances near the Jogeshwari Police station bus stop next to an electric pole on the service road, Western Express Highway, Southwards, Jogeshwari (E). The Police made enquiries with him and asked him for his identity. The said person started running away on his two-wheeler, the Police stopped him. They identified themselves as Police Officers and started questioning him. Since he gave evasive answers, the Police detained him and proceeded to comply with the statutory provisions of the NDPS Act, including getting Panchas and other material, etc. On his personal , 100 grams of Mephedrone (MD) was recovered from him. The said contraband was placed in a plastic pouch and stapled. The plastic pouch was in turn kept in an envelope, which was sealed and marked as Exhibit 'A'. The said person was identified as Hardik Chandubhai Solanki, namely, the Accused No.1.

(3.) Said Solanki told the Police that he was using the two- wheeler to distribute the contraband. He also told the Police that one Adam Hussain was his supplier and offered to take them to Adam. The Police proceeded with the patrolling to nab said Adam since, they had an apprehension that he will abscond once he learnt about the arrest of Solanki. Thus, they proceeded to look for Adam, as per Solanki's directions.