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2019 Supreme(Bom) 206

MRIDULA BHATKAR
UNION OF INDIA – Appellant
Versus
BHAVESH JAYANTILAL SHAH – Respondent


Advocates:
Advocate Appeared:
Anuradha Mane, Adv., Taraq Sayed, Adv., Aabad Ponda, Adv., Ayaz Khan, Adv., Yogesh Rohira, Adv., Sujay Kantawala, Adv., A.R. Patil, Adv.

JUDGMENT :

MRIDULA BHATKAR, J.

1. Rule. Rule made returnable forthwith. By consent, the Writ Petition is heard finally and disposed of at the stage of admission.

2. The Union of India through Intelligence Officer, Directorate of Revenue Intelligence has filed this Writ Petition under Article 226 r/w. 227 of Constitution of India wherein the order dated 29th October, 2018 releasing the respondents/original accused nos. 1 and 2 under section 169 of Cr. P.C. is challenged.

3. On 27th June, 2018 Directorate of Revenue Intelligence had recovered 20 kgs. of white powder purported to be methaqualone. Thereafter in search, 10 kgs. of white powder purporting to be methaqualone and tablets of Tramadol from godown were recovered. The Directorate of Revenue Intelligence investigated the matter and submitted File No. DRI/MZU/INT-91 of 2018. The prosecution was initiated against the accused for the offence punishable under section 8C r/w. 22(C) of NDPS Act, 1985 and under sections 28, 29, 23(C) r/w. 8c of NDPS Act. The accused were produced before the Special Judge, NDPS on 20th October, 2018 and at that time, negative CA report was received by the Investigating agency and therefore, the Special Pro



































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