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1987 Supreme(Bom) 415

V.P.TIPNIS
Sunil Chainani & others – Appellant
Versus
Inspector of Police, C. B. Control & another – Respondent


JUDGMENT - V.P. TIPNIS, J.:---On 26th of October, 1987 on the receipt of certain information the officers of C. B. Control (Drugs) C.I.D., Bombay along with the panchas went to Block No. 2, Ground Floor, Gurukripa Building, Road No. 14, Bandra (West), Bombay at about 5.00 p.m. The door was knocked. The door was locked from inside which was opened after some time. The police along with the panchas entered the room and found that one person was standing at the entrance of the block. The police heard the noise of flowing water from inside the block. Therefore, they went to the bathroom along with the panchas. One Sunil Chainani, accused No. 1, was found holding a plastic bag containing white powder and one Sanjay Raheja, accused No. 2, was standing near the toilet pot and starting the water taps. The plastic bag containing the white powder was taken charge from the hands of accused No. 1. Some white powder was also noticed inside the toilet pot in the flowing water. The powder was suspected to be heroin. About one kilogram powder was seized. Five gram sample was taken under a panchnama and accused were arrested and brought to the police station. A case under C.R. No. 39/87 for charge



















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