STATE OF MAHARASHTRA Vs. DHARMARAJ BABURAO KALOKHE

JUDGEMENT

(1.) The petitioner / State of Maharashtra has preferred this petition under Article 227 of Constitution of India. The petitioner have also invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure. The petitioner is aggrieved by order dated 17th August, 2015 passed by Learned NDPS Special Judge, City City & Sessions Court, Greater Bombay in NDPS Special R.A. No. 88 of 2015 rejecting application preferred by prosecution for resending / resampling. The offences were registered vide C.R.No. 16 of 2015 under Sections 8(c), 21, 29 of NDPS Act read with Section 66(1)(b) of Bombay Prohibition Act. The investigation was conducted by Marine Drive Police Station which was subsequently transferred to Unit1, DCB CID, Mumbai.

(2.) The brief facts of the prosecution case are as follows :

(3.) Learned Public Prosecutor Shri Thakre made the following submissions.