OMPRAKASH BANKATLAL SOMANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the petitioners/accused and learned A.P.P. for State.

(2.) The police attached to Shivajinagar Police Station, Latur, based on secret information that the petitioner was selling capsules, in contravention of provisions of Narcotic Drugs and Psychotropic Substances Act, (hereinafter to be referred as NDPS Act), a raid was arranged by calling panch witnesses and services of one Prakash Sripati Dasud, were taken as a punter to the transaction. It is alleged that on 28th February, 1993, said Prakash had been to the clinic hospital of the petitioner No. 1 and petitioner No. 1 allegedly examined him, his urine and blood was obtained, X-ray was taken.

(3.) Since Prakash was called on the next day and he was instructed by Dy. S.P., Prakash visited the hospital, paid Rs. 200/, provided to him by police and signalled to the police. The petitioner No. 1 allegedly had given some capsules for treatment of said Prakash, which tablets were in violation of the provisions of NDPS Act. During the course of investigation, the petitioners were arrested and pursuant to the directions of this Court dated 21.5.1993 in Criminal Application No. 530/ 1993, the petitioners are released on bail.