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2021 Supreme(Bom) 1133

M.S.JAWALKAR
Antonio Manuel Faria Ramos – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Sangram Desai, Advocate, Rohan Desai, Advocate, P. Faldessai, Advocate

JUDGMENT

M S Jawalkar, J. - The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for bail against the order of the Additional Sessions Judge, Margao.

2. It is the case of the applicant that the case of the prosecution is that on 29.12.2019 the staff of ANTI Narcotic Cell (ANC), Panaji left for patrolling at Margao and around 15.30 hours when they reached near the electricity department near Aquem PSI Arun Desai received reliable information that one men foreign national about 40 to 45 years old tall in height and average built wearing black colour T-shirt and grey colour jeans pant will be delivering narcotic drugs to her prospective customers at the bus stop shed.

3. Since there was no time to obtain search warrant and possibility that the suspect would dispose of the narcotic drugs the PSI Desai reduced the information into writing and the grounds of belief for not obtaining such warrant and sent the same to Dy.SP at his residence. They parked the vehicle in the parking at some distance from the spot of the raid. At around 17.05 hours it is alleged that seeing the applicant and features tallying with the information, they rushed towards him and

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