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2021 Supreme(Bom) 1206

M.S.JAWALKAR
Fabian Helmchen – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Tushar Jarwal, Advocate, Anurag Soan, Advocate, S. Saudagar, Advocate, S.G. Bhobe, Advocate

JUDGMENT

M S Jawalkar, J. - Heard Shri S. Saudagar and Shri Tushar Jarwal, learned Advocates for the Applicant and Shri S. G. Bhobe, learned Public Prosecutor for the respondents.

2. The present application is filed by the applicant under Section 397 of Cr.P.C. for quashing and setting aside the Order dated 08/04/2021 passed by the Adhoc Additional Sessions Judge, (FTC) Mapusa, Goa. The learned Adhoc Additional Sessions Judge dismissed the application filed by the applicant under Section 227 of CrPC seeking discharge of the applicant in the proceedings initiated under Section 22(c), 20(b)(ii)(A) and Section 29 of the NDPS Act.

3. The brief facts of the case are as under :

The applicant is a German Citizen, aged 40 years and is a qualified Audio Engineer and Roofing Specialist for the assembly of solar panels. He comes from a reputed family settled in Germany. The applicant planned his entire trip to India and booked round trip flight tickets. The applicant arrived in India on 31/01/2020 from Germany and was scheduled to return to Germany on 18/03/2020. The applicant from 31/01/2020 to 05/03/2020 stayed in Goa at a rented accommodation located at 1765 (3) Gummal Waddo, Anjuna Bardez, G

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