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2019 Supreme(Bom) 1944

PRAKASH D.NAIK
Siraj Shaikh Nasir Munshi – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Ayaz Khan, Adv., A.A. Takalkar, Adv.

JUDGMENT

Prakash D. Naik, J. - The applicant is seeking bail in C.R. No. II-116 of 2017 registered with Mumbra, Police Station for alleged offences punishable under Section 8 (c) read with Rule 22 and 29 of the NDPS Act.

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

    (a) On 14/11/2017, the Complainant A. S. Thakur, API Bhosale and others were called in the chamber of Sr. PI Godse. API Walzade, PC Chabukswar and informant were present. They were informed that PC Chabukswar had received an information that on that day i.e. 14/11/2017 at around 17.20 hours two persons aged between 35 to 40 years would be coming in white colour Hyundai Verna Car bearing registration no. MH 06 AW 4041 in front of Kalsekar Hospital near Mumbra to sell 50-60 grams of Mephedrone in Mumbra city.

      (b) Sr. PI Godse directed Thane Amaldar to make entry in the Station diary and letter dated 14.11.2017 vide Inward No. 2084/2017 for seeking permission to conduct raid was forwarded to ACP, Crime Branch, Thane City through PC Chabukswar.

        (c) After receiving the permission to conduct the raid, Sr. PI Godse instructed API Walzade and others to initiate action. API Walzade instructed Shri Bhosale to make a

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