1

apeal600-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL

NO.

600

OF 20

21

Mr. Raymond Antwi,

Aged : 23, Occ. Student,

Resident of Ghana, Africa,

(Currently lodged at Arthur

Road Prison)

…. APPELLANT

( Ori. Accused No.3)

// VERSUS //

State of Maharashtra,

through A.C.P. Dongri,

Division, Mumbai.

…. RESPONDENT

S

_________________________________________________________

Shri Ajay Bhise a/w Shri Mahesh Mule, Advocate for Appellant.

Mrs. Aruna S. Pai, Chief P.P. for Respondent/State.

_________________________________________________________

CORAM :

PRASANNA B. VARALE

AND

ANIL S. KILOR

, JJ.

DATED :

JANUARY 06, 2022

P.C.

2

apeal600-2021.odt

1.

By way of present appeal under Section 12 of the Maharashtra

Control of Organised Crime Act, 1999 (for short ‘MCOCA’), the

appellant has raised a challenge to the order dated 15^th February, 2021

passed below Exhibit No.26 in MCOCA Special Case No.12 of 2019 by

the learned Special Judge MCOCA, Mumbai by which the learned

Special Judge was pleased to reject the application filed by the appellant

under Section 11 of the MCOCA seeking discharge from the offences

punishable under the provisions of MCOCA.

2.

It is the case of the prosecution that on 23^rd February, 2019 at

4.30 am the team of police officer attached to Dongri Police Station who

was patrolling below Sandhurst Road Railway Station, near Wadi Bander

noticed three persons of the age group of 22 to 30 years loitering there

suspiciously. The team of officers observed their activities. They

appeared to be foreign Nationalists. Those three suspicious people,

having felt the police presence ran toward the railway tracks. The police

officer chased and apprehended them at some distance. These persons

tried to retaliate but were overcome by the police officer by using

appropriate force.

3

apeal600-2021.odt

3.

After the preliminary inquiry, it was revealed that the

apprehended persons were selling drugs, hence all the necessary help was

sought, two panch witnesses were called and search and seizure from the

accused was conducted. The search was conducted of all the three

apprehended persons, the first person who introduced himself was

Okpala Chigbo Benedict resident of Nigeria was found in possession of

55 grams of Mephedrone (M.D.). The second person who introduced

himself was Ture Musa resident of Ivory Coast was found in the

possession of 61 grams of Mephedrone (M.D). The third person who

introduced himself was Raymond Antwi (the appellant) resident of

Ghana, who was found in possession of 57 grams of Mephedron (M.D).

The material was sealed and seized and the all three person were taken

into custody.

4.

Since these accused were found in the possession of

Mephedrone (M.D) which is a banned drug under the provisions of

Narcotic Drugs Psychotropic Substance Act, 1985 (for short NDPS Act)

F.I.R. came to be registered at the instance of P.S.I. Prakash Sitaram

Dinkar vide Special L.A.C. No. 25/2019 at Dongri Police Station,

Mumbai for the offences punishable under Section 8(c), 22(c), 29 of the

4

apeal600-2021.odt

Narcotic Drugs Psychotropic Substance Act, 1985, Section 3(2)A and 14

of Foreigners Act, against all three persons and subsequently shown to be

arrested.

5.

It is alleged that during the further investigation, it was revealed

that the arrested accused were working for habitual drug peddler Ique

Chickweni Emanual (Original Accused No.4) and he is the head of the

syndicate and also providing them Drugs for sale. It was also revealed

that original accused no.4 was also providing the logistic support to them.

The Original Accused No.4 was apprehended on 27^th February, 2019

below Wadi Bandar bridge Ne