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2025 Supreme(Bom) 1759

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar
Arshad Karar Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Mr. Taraq Sayed
For the Respondent: Mrs. Rajashree Newton, APP, Mr.S.A. Mehetar, HC, Anti Narcotics Cell

JUDGMENT :

Amit Borkar, J.

1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking regular bail. The applicant seeks his release in connection with Crime Register No. 72 of 2024 registered with APMC Police Station, Navi Mumbai, for offences punishable under Sections 8(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

2. The prosecution case is that on 21 February 2024, Police Constable P. H. Tayde received specific information that Arshad Khan, residing at Lodha Pallava, Dombivali, would arrive between 19:15 hours and 19:30 hours at Pendhar Bridge Phata, Kamboli- Shilphata Road, Taloja, Navi Mumbai, to sell Mephedrone (“MD”) to his customers. The said information was reduced to writing and forwarded to the superior officers for obtaining authorization as required under Section 42(2) of the NDPS Act. Two panch witnesses were arranged, and the raiding team proceeded to the spot and maintained surveillance.

3. Around 19:15 hours, a person matching the description given by the informer arrived at the location. The officers intercepted him. On inquiry, he disclosed his name as Arshad Khan, the

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