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2023 Supreme(Bom) 2233

M. S. KARNIK
Antonio Ramos – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Arun De Sa, Advocate, Sahil S.Sardesai, Advocate, Pravin N.Faldessai, Advocate

JUDGMENT/ORDER

1. Heard learned counsel for the applicant and the learned Additional Public Prosecutor for the Respondent State.

2. This is an application for bail. The offence alleged against the applicant is under Ss. 21(C), 22(C) and 20(b)(ii)(B) of the NDPS Act. The offence is registered against the applicant under Crime No.27/2019 at the Anti-Narcotic Cell, Panaji.

3. The application for bail is opposed by learned Additional Public Prosecutor, Shri Pravin Faldessai. Shri Faldessai submitted that the applicant was found in possession of not only variable but commercial quantities of different drugs/substances in the nature of cocaine, MDMA, and charas.

4. In the course of a raid conducted on 30/12/2019, the applicant, a Portuguese national, came to be arrested where the following drugs/substances were found on his person:

    (a) 110.820gms cocaine (variable quantity);

(b) 101.108gms MDMA (commercial quantity;

(b) 240gms charas (variable quantity).

5. Learned counsel for the applicant relied on the decision of the Hon'ble Supreme Court in the case of Rabi Prakash v/s. The State of Odisha in Special Leave to Appeal (Crl.) No.4169/2023 dtd. 13/7/2023 where their Lordships held as under:-

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