KYNLO MAGWADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicants are seeking bail in connection with First Information Report No. 127/2021 for the offences punishable under Ss. 8(C ) r/w 21(c), 22, 27(A), 23 r/w Ss. 28 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act") registered with Air Port Intelligence Unit, Mumbai.

(2.) On 9/12/2021, a specific intelligence was received by Air Intelligent Unit, Chhatrapati Shivaji Maharaj International Airport, Mumbai that Applicants are arriving by Ethiopian airlines Flight No. 80-610. The intelligence further suggested that the said passengers might be carrying some narcotic/psychotropic substance covered under NDPS Act. Intelligence note was prepared and submitted to the higher authorities. An action was directed to be taken on the basis of the said intelligence received. Later on, in presence of panch witnesses, Applicant were apprehended and their trolley bags were searched. From the bag of Applicant No. 1, 16.464 kg of Heroin was found concealed in a bag identified as 'C' and 'D' whereas from the trolley bag of Applicant No. 2 identified as bags 'A' and 'B', there is a total recovery of 18.526 kg . Total weight of the seizure was 34.452 kg from both the Applicants. Authorised officer took further steps in compliance of the Act and on conclusion of the investigation, charge-sheet came to be filed before the competent Court.

(3.) It is the case of the Applicants that the samples which were allegedly taken were produced before the Metropolitan Magistrate, 64th Court, Mumbai after expiry of 42 days and thus, there is non-compliance of Sec. 52(A) of the Act. It is claimed that the co-accused i.e. Accused Nos. 3 and 4 are already released on bail by the Special Court. It is further claimed that the Applicants are in custody for about a period of three years and the trial has not commenced. It is further claimed that the CA Report reveals that the contraband is a mixture of Caffeine, Codine and Morphine etc. and hence it cannot be said that the entire contraband is Heroin.