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2025 Supreme(Bom) 1822

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Daniel Naimake @ Daniel Naymek – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Ms. Ashwinii Acharii, with Anish Pereira i/b Taraq Sayed
For the Respondent: Mr. Yogesh Y. Dabke, APP

JUDGMENT :

Neela Gokhale, J.

1. By this Application, the Applicant seeks his enlargement on bail in connection with FIR No. 0035 of 2024 dated 6th January 2024 registered with the Sakinaka Police Station, Brihanmumbai City for the offences punishable under Sections 8 (c) and 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Section 14 of the Foreigners Act, 1946.

2. The facts of the case, in brief, are that:-

2.1 On 6th January 2024, while the officials of the Sakinaka Police Station were on patrolling duty, they found the Applicant lurking suspiciously near the area of Hansa Industries, Sakivihar Road, Kurla at around 2.45 a.m. After following due process under the NDPS Act, the Applicant was apprehended as he tried to run away when the Police tried to stop him. He was given notice under Section 50 of the NDPS Act and thereafter, he was searched. On his personal search, the Applicant was found to be in possession of 88 capsules containing a total quantity of 880 grams of Cocaine. The panchanama was recorded; contraband was seized and sealed; other compliances were followed and the FIR was registered pursuant to which the Applicant was arr

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