PRAKASH D.NAIK
Sachin Atmaram Vartak – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
The applicant has preferred this application for bail under Section 439 of Code of Criminal Procedure in connection with FIR bearing CR No.II-7 of 2016 registered with Wada Police Station, District – Palghar, for offences under Sections 8(c), 22, 27A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
2. The case of prosecution is that information was received through intelligence by ATS, Ahmadabad which was transmitted to Superintendent of Police, Palghar and pursuant to that the raid was conducted on 19th May 2016. A farm house situated at Village Gaurpur, Tal.Wada. District Palghar was raided. There was seizure of 560 kgs. 148 grams of Methaqualone, psychotropic substance. The statements of arrested accused were recorded. The investigation was conducted. The charge sheet was filed.
3. The applicant had preferred Criminal Bail Application No.975 of 2018 seeking bail before this Court. The said application was rejected by order dated 4th February 2019. Thereafter another application for bail was moved before this Court viz Bail Application No.1694 of 2019. The said application was rejected vide order dated 14th October 2019. It was urged that
Common Cause registered Society vs. Union of India (1996) 4 SCC 33. (Para 15) – Relied.
Common A Registered Society vs. Union of India (1996) 6 SCC 775. (Para 15) – Relied.
Rajdeo Sharma vs. State of Bihar (1998) 7 SCC 507. (Para 15) – Relied.
Rajdeo Sharma (II) vs. State of Bihar (1999) 7 SCC 604. (Para 15) – Relied.
Abdul Rehman Antulay vs. R.R. Nayak (1992) 1 SCC 225. (Para 21) – Relied.
Hussainara Khatoon vs. State of Bihar (1995) 5 SCC 326. (Para 21) – Relied.
Vivek Kumar vs. State of U.P. (2000) 9 SCC 443. (Para 22) – Relied.
Babba vs. State of Maharashtra (2005) 11 SCC 569. (Para 22) – Relied.
Angela Sontakke vs. State of Maharashtra (2021) 3 SCC 723. (Para 22) – Relied.
National Investigation Agency vs. Jahoor Ahmad Shah Watali (2019) 5 SCC 1. (Para 24) – Relied.
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