Advocates:
['SHREERANG P BHANDARKAR', '', 'ANJALI S BHANDARKAR', 'SAURABH S BHENDE', 'M S SHUKLA', 'APP']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Criminal Application (BA) 693/2021

Prashant Chute V State of Maharashtra

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Office notes, Office Memoranda of

Coram, appearances, Court's orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

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Mr. S.P. Bhandarkar, Advocate for applicant.

Mrs. K. Deshpande, APP for State.

CORAM : ROHIT B. DEO, J.

DATE : August, 06, 2021.

The applicant is seeking bail in connection with

Crime 416 of 2020 registered with Police Station Ganeshpeth,

District Nagpur, for offences punishable under Sections 8(c),

22(c) and 29 of the Narcotics Drugs and Psychotropic Substances

Act, 1985, (for short, ‘N.P.D.S. Act’)

2.

In brief, the prosecution alleges that on 28-11-2020

secret information was received that a consignment of MD Drug

is being dispatched by Amir Khan, resident of Bombay, to

Nagpur through Aadiraj Travels, and the said consignment will

be collected by Fulsingh Pathhi.

3.

It is alleged that at 12.45 pm the Police squad

reached the office of Sagar Travels along with two panchas. It is

alleged that at 13.15 pm a person entered the office of Sagar

Travels, whose demeanor was found suspicious. He collected the

parcel and approached his two wheeler, when he was nabbed.

4.

It is alleged that Fulsingh disclosed that the white

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coloured powder in the consignment is MD. The raiding party

collected samples of 5 grams and seized two mobile sets and the

two Wheeler, from Fulsingh.

5.

Fulsingh allegedly disclosed that Amir Khan, who is

based in Mumbai regularly sends such parcels, which he used to

collect for some monetary consideration.

6.

It is then alleged that- while in custody Fulsingh

received call from Amir khan, the conversation was heard by

the raiding squad on speaker phone and Amir Khan allegedly

asked Fulsingh to separate 140 gms drug and deliver the same

to Mohd. Amir Malik and deliver 60 gms from the balance

quantity to Yash Puniyani.

7.

It is then alleged that Amir Khan called Fulsingh again

and told him that Mohd Amir Khan is waiting near the

graveyard in white colour car. The raiding squad reached the

spot, Mohd Amir became suspicious and he fled away.

8.

According to the investigating officer Amir Khan

again called Fulsingh to convey that the 60 grms MD which is to

be delivered to Yash Puniyani will be collected by Prashant Sute

at Uppalwadi near the post office. The raiding squad reached

Uppalwadi, Prashant Sute arrived on his white colour Activa,

he was identified by Fulsingh and threafter apprehended by the

raiding squad.

9.

Prashant Sute - the applicant herein - allegedly told

the raiding squad that he has been collecting consignment

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from Yash Puniyani who used to pay him some amount.

10.

According to the Investigating Officer, Fulsingh again

received call from Amir Khan who conveyed that Mohd. Amir

Malik will be sending one Asif Ansari to collect the consignment,

at Uppalwadi. The raiding party allegedly apprehended Mohd

Asif Ansari, when he arrived at the spot and approached

Fulsingh.

11.

It is then alleged that Amirkhan called the applicant

and asked him about delivery. Amir Khan allegedly told the

applicant that out of 60 grms MD, 10 grms be separated and

delivered to Azhar Patel who is waiting near the Haldiram Store

at Medical Square. The raiding squad reached Haldiram Store

and arrested Azhar Patel.

12.

I have scrutinized the material on record on the anvil

of the twin test envisaged by Section 37 of the N.D.P.S Act, and

having done so I am of th