Amjad Aslam Shaikh VS Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N. J. JAMADAR
Amjad Aslam Shaikh – Appellant
Versus
Union of India – Respondent

Advocates:
Counsel for the Parties:
For the Applicant in BA No.215 of 2022:Mr. Ayaz Khan, Advocate
For the Applicant in BA No.390 of 2024:Mr. Rishabh Botadra, Advocate
For the Respondents-Union of India: Mr. Shreeram Shirsat, Special PP a/w. Mr. Nishad Mokashi and Mr. Krishnan Rajesh,
For the Respondents-State: Mr. S.R. Agarkar, APP

ORDER

The applicants who are arraigned in NCB/MZU/CR-18/2021 registered with Narcotics Control Bureau, Mumbai for the offences punishable under sections 20(b), 22(c), 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act, 1985) seek to be enlarged on bail.

2. On 27th February, 2021 an information was received that Amjad Shaikh (A/1), the applicant in Bail Application No. 215 of 2022, and Aijaz Supariwala (A/2) had in their possession narcotic drug/ psychotropic substance at Room No. 37, Arab Galli, Amtullah Apartment, C wing, Mumbai-8 and Room No. 27-B, Pathawadi, Piru Lane, Imam Wada, Mumbai-9 and were selling the same to their purchasers, in small quantity. After complying with the procedural requirements and obtaining authorization under section 41(2) of the NDPS Act, 1985, a team of NCB conducted raid at Room No. 37. The applicant Amjad Shaikh (A/1) was present in the said room. In the search of the said room, a black bag was found in an Alimirah. Upon opening, three small polythene pouches containing powder were found kept therein. The applicant Amjad Shaikh (A/1) claimed the said bag and stated that the substance contained in three polyt