1/20 BA-278-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.278 OF 2022

Salim Naseen Khan

..

Applicant

Versus

Intelligence Offcerr Narcotic Control

Bureau & Anr.

..

Respondents

…

Mr.Devendra Chauhanr Mr.Filji Frederickr Mr.Chaitanya Barve

and Mr.Ali Kazmi i/b F.F.& Associates for the Applicant.

Mr.Shreeram Shirsat with Mr.Amandeep Singh Sra and

Mr.Shekhar Mane for the Respondent No.1/NCB.

Mr.S.H.Yadavr A.P.P. for the State/Respondent.

...

CORAM: BHARATI DANGREr J.

DATED : 13^th SEPTEMBERr 2022

P.C:-

1.

The applicantr being arrested by the NCBr Mumbai in

connection with F.No. NCB/BZU.CR.08/2018r seeks his release

on bail on the ground of his false implication and on a further

ground that the investigation being completer charge-sheet has

been fled and more than four years have expiredr since his

incarcerationr which deserve him his libertyr awaiting the

trial.

2.

Heard learned counsel Mr.Devendra Chauhan for the

applicant and learned counsel Mr.Shreeram Shirsat for

M.M.Salgaonkar

2/20 BA-278-22.doc

respondent No.1. Learned A.P.P. Mr. Yadav represented the

State of Maharashtra.

3.

The prosecution caser which emerge from the charge-

sheetr can be briefy narrated as under :-

(a)

The Intelligence Offcerr NCBr Mumbai

received secret information on 13/03/2018r that on

14/03/2018 there is likelihood of transportation of

commercial quantity of contraband (Charas)

Hashish at Infnity Mallr Andheri (West)r Mumbai.

The Offcerr

accordinglyr communicated the

information to the Superior Offcer. On 14/03/2018r

at around 11.30 hours a trap was laid by the

Intelligence Offcer at the main gate of Infnity Mall.

(b)

According to the prosecutionr at around 12.45

hoursr accused No.1 alighted from the Auto

Rickshaw by holding a black and gray colour bag at

the main gate of Infnity Mall. At the same timer a

white coloured Jeep Compass four wheeler vehicle

having registration No.MH-02-EU-1015 arrived on

the spot. The present applicant and accused No.3

were inside the car. Accused No.1 then boarded the

vehicle at the rear seat and handed over the bag to

the present applicant. Immediately the raiding

party approached the spot and encircled the vehicle.

The Intelligence Offcer directed the accused persons

to step out of the vehicle.

M.M.Salgaonkar

3/20 BA-278-22.doc

(c)

The Intelligence Offcer commenced the

procedure under the NDPS Act by opening the bag

kept in black and gray colour bag. The complainant

removed and opened the white transparent

polythene from the dark brown coloured biscuit

sized substance packet kept in it and after removing

the minute scrapings from it and tested the same

separately with the help of Detection Kitr it

answered positive for presence of Hashish. The

complainant alongwith his team cut open the

remaining 19 packets in a similar mannerr which

were marked upto number “12” while 5 number of

dark brown coloured biscuit sized substance packets

packed in white transparent packets were numbered

as “13” to “20”. The total number of dark brown

coloured biscuit sized substance was found to be in

100 packets.

(d)

The 100 number of biscuit sized substances

that were covered with transparent polythenes and

dark brown scotch taper were found to be weighing

4.00 Kgs. The complainant prepared a composite

mixture and prepared two representative samples of

24 grams each from it and placed the same in two

small transparent polythene sachetsr which were

then sealed and placed in two separate brown

coloured paper envelopesr marked as S-I and S-II and

sealed with NCB seal No.3. Then the