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2023 Supreme(Bom) 2256

SARANG V. KOTWAL
Michael Onyeka Jude – Appellant
Versus
Directorate of Revenue Intelligence – Respondent


Advocates appeared:
Ayaz Khan, Advocate, Amit Munde, Advocate, Jai Vohra, Advocate, Arfan Sait, Advocate

JUDGMENT/ORDER

1. The Applicant has challenged the order dtd. 10/7/2023 passed by the learned Special Judge for N.D.P.S. at Mumbai. By the impugned order, the learned Special Judge allowed the application filed by the Respondent No.1 herein i.e. the Directorate of Revenue Intelligence, praying for sending the reserved sample for testing to CRCL, New Delhi. However, the learned Special Judge vide his order permitted the reserved sample to be sent to the Central Forensic Science Lab (CFSL) for testing. Gokhale

2. Heard Mr. Ayaz Khan, learned counsel for the Applicant, Mr. Amit Munde, learned Special P. P. for the Respondent No.1 and Mr. Arfan Sait, learned APP for the State/Respondent No.2.

3. Before referring to the submissions made by both the sides, it is necessary to mention some facts on record.

    i) On the basis of specific intelligence, a passenger by the name Maheswaran Rajgopal Thondapa who had arrived in Mumbai through a flight from a foreign country on 19/3/2023 was intercepted. His luggage was searched. It resulted in recovery of 9.97kg of material in powder and lump form. It was tested by the field testing kit and the result showed positive for Heroin. It was valued at around

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