MODARAM PUROHIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This is an application for bail by Modaram J. Purohit, Original Accused No. 2, who was tried along with six others by the Special Judge, Greater Bombay, in N. D. P. S. Special Case No. 7/95 and 2/96 and convicted and sentenced in the manner stated hereinafter:

(2.) ACCORDING to the prosecution, on 12-11-1994 at 10. 00 a. m. D. C. P. , Narcotics Branch, received information from an informer that a gang of drug traffickers, of which the applicant and one Ashok Kumar Jain (Original Accused No. 1) were also members, was indulging in drug trafficking and was likely to deliver Mandrex tablets to its customers near Abhudaya Bank Building, Jungal-Mangal Road, Bandra (West), Mumbai, between 3. 45 to 4. 15 p. m. the same day. On the said information the police party, in three vehicles, reached the Junction of the Jungal-Mangal Road. At about 3. 55 P. M. , two persons came on foot and stood near the Abhudaya Bank Building. They were carrying plastic bags in their hands. The informer pointed them out as the applicant and Ashok Kumar Jain. On being searched, from the possession of both of them, two Polyethylene bags, each containing 750 Grams of Mandrex tablets were recovered. Subsequently, the applicant and Ashok Kumar Jain were interrogated. The applicant led the Police to Shop No. 3 in Jagruti Bharat Darshan Building, Jungal-Mangal Road, Bhandup (West), Mumbai. He opened the shutter of the shop with keys and on his pointing out, 5 gunny bags, each containing 23 bags of Mandrex tablets and weighing 750 Grams were recovered. Thus the total quantity of the Mandrex tablets recovered was 86 Kgs. and 250 Grams. It is said that some incriminating documents were also recovered from the applicant. The said recoveries are the basis of conviction of the applicant on the twin counts mentioned above.

(3.) THE applicant and Ashok Kumar Jain were put up for trial along with 5-6 others. While the applicant and Ashok Kumar Jain were convicted, the five others, were acquitted.