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2010 Supreme(Bom) 840

J.H.BHATIA
Stefan Mueller – Appellant
Versus
State of Maharashtra Through Senior Inspector of Police – Respondent


Advocates appeared:
For the Petitioners:K.M. Irani, i/b. A.A. Kocharekar, Advocates. For the Respondent: Ms. S.V.Gajare, APP.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard the learned Counsel for the petitioner and the learned APP.

2. On 4.3.2007, Police Inspector Sanjay Pawar, attached to the Haweli Police Station, Pune, got information that 300 to 400 youngsters were enjoying a party called "Rave Party" on the land of one Chandrakant Hagawane, police raided that place and some persons were arrested. The present petitioner was accused No.4. A plastic bag containing Ganja and 15 grams of Charas were allegedly found with him. The weight of Ganja is not given. After investigation, charge-sheet was filed by the police under different provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") against 15 persons. The accused Nos. 8 to 15 were discharged by the Court. By order dated 4.10.2008, the learned Special Judge under NDPS Act, Pune, directed to frame different charges against different accused. The learned Judge directed to frame charge against accused Nos. 4 to 7 for the offence punishable under Section 20(b) (ii)(A) and Section 27 of the NDPS Act. The petitioner was granted bail by order dated 21.3.2007, when the police had levelled charges against the pre
























































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