RAFAEL PALAFOX GARCIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the Applicant and the learned Counsel for the respondent - NCB.

(2.) The applicant is seeking bail in NDPS Special Case No.6 of 2008 of NCB pending before the Special Judge for NDPS cases, Thane. The said case is under Section 29 r/w. 9A and 25A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) The prosecution case briefly stated is that specific information was received that one Shahnawaz Khan with the help of two persons including the applicant are manufacturing pseudo-ephedrine which is a controlled substance at Siddiqui Farm House in Thane. When the officers reached the said place, they found the present applicant along with others present there and 290 kgs. of pseudo-ephedrine which is a controlled substance came to be seized from the said place. Prior to seizure, tests were conducted by field test kit by taking small quantity from each packet. The said tests answered positive for presence of pseudo-ephedrine. The applicant-accused came to be arrested on 19.12.2007. He preferred an application for bail before the Special Court.