JUDGMENT :

V.G. BISHT, J.

1. The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 625 of 2019 registered with Kondwa Police Station, Pune for the offences punishable under Sections 8(c) and 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).

2. It is the case of prosecution that while the informant and the staff members were on patrolling duty, they found a Nigerian national suspiciously wandering on the street with a sack bag on his shoulder. The applicant was, therefore, apprised of his right to be searched in front of a Gazetted Officer or a Magistrate in writing to which the applicant denied. In the presence of panchas, the sack bag was searched and the white powder and other stuff were recovered from the said sack bag. With the help of a drug detection kit the white powder was tested and it was found to be “cocaine.” It was about 201 gms in weight.

3. According to prosecution, when the applicant was asked to submit his passport, he informed that his passport was at his residence and accordingly the residence of applicant was also searched and he was found in possession of 534 gm of