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2020 Supreme(Bom) 849

ANUJA PRABHUDESSAI
Nayantara Gupta – Appellant
Versus
The State Of Maharashtra— Respondent – Respondent


Advocates Appeared:
Mr. Gaurav Thote a/w. Mr. Mithilesh Mishra and Mr. Advait Gupta; for the Applicant.; Mr. R.M. Pethe, APP for the State.Mr. Jitendra Mishra for Respondent No.1 - UoI.

JUDGMENT

1. The Applicant has challenged the legality of the orders dated 11/5/2020 and 15/05/2020 passed by the learned N.D.P.S. Special Judge, Pune, in CNR No.MHPU01-005675 of 2020.

2. The Applicant is named as an accused in Cr. No. 14 of 2019 registered by (Narcotics Cell), Customs Pune. The case of the prosecution, in brief, is that on 12/11/2019 the Narcotic Cell at Pune received specific information that the Applicant herein was engaged in selling Mephedrone (MD) and LSD stamps from the Clover Highland, NIBM Road, (near Dorabjee Stores) Pune to potential customers in Pune area. On the same day i.e. 22.11.2019, the officers of Customs Narcotics Cell, Pune searched the aforesaid premises under Panchanma and recovered from the applicant transparent plastic pouch containing off white coloured powder like substance and a pouch containing some stamp like substances. The substance was tested using Field Testing Kit and the same tested positive for Mephadrone and LSD Lysergic Acid. The off white coloured substance purported to be Mephadrone weighing 54 gms, valued at Rs.3,24,000/- and 416 perforated stamps purported to be LSD Lysergic Acid valued at Rs.20,80,000/- was seized and FIR w

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