Prakash D. Naik, J. - (1.) The applicant is seeking bail in C.R. No. II-116 of 2017 registered with Mumbra, Police Station for alleged offences punishable under Section 8 (c) read with Rule 22 and 29 of the NDPS Act.
(2.) The brief facts of the prosecution case are as follows :- (a) On 14/11/2017, the Complainant A. S. Thakur, API Bhosale and others were called in the chamber of Sr. PI Godse. API Walzade, PC Chabukswar and informant were present. They were informed that PC Chabukswar had received an information that on that day i.e. 14/11/2017 at around 17.20 hours two persons aged between 35 to 40 years would be coming in white colour Hyundai Verna Car bearing registration no. MH 06 AW 4041 in front of Kalsekar Hospital near Mumbra to sell 50-60 grams of Mephedrone in Mumbra city. (b) Sr. PI Godse directed Thane Amaldar to make entry in the Station diary and letter dated 14.11.2017 vide Inward No. 2084/2017 for seeking permission to conduct raid was forwarded to ACP, Crime Branch, Thane City through PC Chabukswar. (c) After receiving the permission to conduct the raid, Sr. PI Godse instructed API Walzade and others to initiate action. API Walzade instructed Shri Bhosale to make arrangement for Panchas. Other directions relating to raid, were also given. (d) The raiding party members went to the spot with panchas for raid. The vehicle mentioned in the information was intercepted at about 17.40 hours. Two persons alighted from car. They were identified as Mubashir Hamza Matwankar (accused no. 1) and Mohammad Shayan Abdul Sakur Khan (accused no. 2) (e) The accused were appraised of their rights under Section 50 of the NDPS Act. On search of Accused no. 1, one white colour plastic pouch containing white crystal was found. On weighing the same was found to be 55 gms. (f) Similarly on search of Accused No. 2, one white colour plastic pouch containing white crystals was found. The same was found to be 20 gms. (g) The officers prepared two samples of 2 grams each from quantity recovered from the possession of the accused. The samples alongwith the remaining bulk quantity was sealed and packed. The samples and the bulk from the respective accused were marked as A-1, A-2, A and B-1, B-2, B. The panchnama of the above event was completed by API Walzade. (h) The Accused No. 1 and 2 were placed under arrest and F.I.R. was registered with Mumbra Police Station. (i) During the course of investigation, the involvement of the applicant was revealed by the Accused No. 1. The said accused had disclosed that the Mephedrone was purchased by him through his associate Siraj Shaikh Nasir Munshi (applicant) and he visits Kausa Mumbra area for the purpose of selling Mephedrone by his Honda City car at around 12.00 a.m. to 2.00 hours. Memorandum Panchnama was drawn on 17.11.2017. The raiding party members went to the spot. They noticed Honda City car and the applicant was apprehended. He was appraised right under Section 50 of the NDPS Act. He was found in possession of 60 grams of Mephedrone. (j) The officers prepared two samples of 2 grams each from quantity recovered from the Applicant. The samples along with the remaining bulk quantity was sealed and packed. The samples and the bulk from the respective accused were marked as C-1, C2, C. (k) During the course of investigation the involvement of Accused No. 4 was revealed. He was arrested from his house, however nothing incriminating was recovered at his residence. (l) He was arrested on 9th December, 2017. During his interrogation, it was revealed that Accused No. 5 was involved in the transaction and hence he was arrested on 17th December, 2017. However, nothing incriminating was recovered from Accused No. 5. (m) The samples were sent to FSL, Kalina for analysis. (n) The statement of witnesses were recorded and on completing investigation charge-sheet was filed. The case is numbered as NDPS Special Case No. 58 of 2018.
(3.) The applicant preferred an application for Bail before the Additional Sessions Judge, Thane. The said application was rejected by an order dated 20th October, 2018.;