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2018 Supreme(Bom) 1525

PRAKASH D.NAIK
State of Maharashtra – Appellant
Versus
Dharamraj Baburao Kalokhe – Respondent


Advocates Appeared:
For the Petitioners: Deepak Thakare, Ms. Anamika Malhotra, P.H. Gaikwad.
For the Respondents: Ayaz Khan, Ms. Sartaj Shaikh, S.S. Bhandari, Kunal H. Kamble.

JUDGMENT :

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 and Sessions Court, Greater Bombay in NDPS Special R.A. No. 88 of 2015 rejecting application preferred by prosecution for re-sending/re-sampling. 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 Unit-1, DCB CID, Mumbai.

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

(a) On 9th March, 2015, acting upon the secret information police attached to Satara Police Station apprehended Dharmaraj Kalokhe and his neighbour while removing the stock of 112 kg of Mephedrone (M.D.) from his house at Satara and registered the case under NDPS Act. Shri Dharmaraj Kalokhe was arrested. During the course of investigation, he disclosed that contrabands seized
















































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