A. S. GADKARI, NEELA GOKHALE
Ajay Melwani – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Neela Gokhale, J.
1. The Applicant seeks quashing of F.I.R No. 48 of 2019 qua him dated 11th July 2019 registered with the Anti Drug Department, Azad Maidan Unit, Crime Branch, Mumbai for offences punishable under Sections 9(A), 25 (A),29 and 59 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').
2. Record reveals that, an Order dated 13th March 2023 passed by this Court, notice was issued to the State of Maharashtra. The investigation was allowed to continue but the Investigating Agency was restrained from filing the charge sheet qua the Applicant. By an Order dated 11th September 2023, the Application was admitted.
3. Brief facts of the case:-
3.1 The Applicant is alleged to be a director in the company called Vivalavita Pharmaceuticals Pvt. Ltd. and the Respondent is the State of Maharashtra through its Anti Narcotics Cell.
3.2 FIR was registered on a complaint of Mr. Prashant Dilip More, Assistant Police Inspector of the Anti Narcotics Cell, Azad Maidan Unit, Crime Branch, CID, Mumbai. It reveals that, one Sam Fine O Chem Ltd., a company engaged in the manufacture of chemicals had exported a controlled substance having name of N - Phenethyl - 4 Piperi
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