STATE OF MAHARASHTRA Vs. VINOD SABAJI LOKE

JUDGEMENT

(1.) THE State of Maharashtra has moved this Court for quashing orders dated April 19, 1995 and November 29, 1995 passed in N. D. P. S. Special Case No. 128 of 1994.

(2.) A brief reference to the relevant facts is necessary for disposing of this application. On March 24, 1994 Shri Daljitsingh Darshansingh Parmar, Assistant Police Inspector attached to Narcotics Cell, Kandivli Unit, Bombay received a secret information that on March 24, 1994 at about 13. 00 Hrs. three persons viz. (i) Raju Kamdar, (ii) Vinod Loke and (iii) Maksoom Shaikh who are dealing in narcotic drugs are likely to visit near Asiad S. T. Bus Stand, Dr. B. A. Road, Dadar, Bombay, in order to deliver mandrax tablets to some drug peddlers. The informant had also given the description of these persons. The A. P. I. recorded the information in the information book and passed on the same to his superiors. As per the directions of the superiors, a trap was arranged, a pre-paid panchanama was drawn and the raiding party along with the panch witnesses kept a watch at the above place. At about 13. 05 Hrs. these three accused persons were seen coming along Dr. B. A. Road from the southern side and stood in between Sulabh Shouchalaya and Asiad S. T. Bus Stand on the eastern pavement. They were carrying plastic bags in their hands and waited for somebody to turn up. After keeping watch for considerable time when the accused started moving towards Sulabh Shouchalaya they were surrounded by the raiding party and were searched in the presence of the panch witnesses. The accused persons were found in possession of 7 Kgs. , 5 Kgs, and 5 Kgs. of mandrax tablets and cash of Rs. 240/-, Rs. 160/- and Rs. 30/- respectively. The raiding party took samples of the packets and each sample packet and the cash were taken charge of under a panchanama and the accused were put under arrest. A case under Section 8 (c) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter the N. D. P. S. Act, was registered vide C. R. No. 20/94.

(3.) ACCUSED No. 1 viz. Rajendra Kamdar moved an application to this Court for granting him temporary bail as his sister has died in an accident, My learned brother M. S. Rane, J. vide order dated 25th October, 1994 allowed bail for a period of four weeks on humanitarian grounds. Vinod Loke, accused No. 2, treating it as a precedent moved a bail application being Bail Application No. 104 of 1995 before the Special Judge for Greater Bombay constituted under N. D. P. S. Act. It was stated therein that his father Shri Sabaji Loke aged 56 years has an old cardiac history. Earlier he was admitted in the hospital for heart problems. On February 25, 1992 he was admitted in J. J. Hospital and was kept in I. C. C. U. and the doctors have opined that his condition is unstable because of the weak heart and was advised to undergo Angiography. It is further stated that his two other brothers who are stationed in Indore (M. P.) cannot attend to his father. Along with the application the certificates evidencing the medical treatment given to the father of the applicant were also annexed. In the application a reference was also made to the temporary bail granted by this Court to accused No. 1, Rajendra Kamdar. The Special Judge, after hearing the Counsel for the accused and the Special Public Prosecutor passed the following order.