The Mumbai Court refused bail to the accused under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), who made allegations against Former Zonal Director of NCB.
The sleuth of NCB arranged for campaign upon a specific information and conducted house search of applicant/accused being accused in the present Crime at B-203, Evershine Ground, Mumbai, and upon appropriate compliances recovery of 1.32 grams of LSD (70 Nos. Blots) and 22 grams of green leafy substance purported to be Ganja, one capsule of unknown psychotropic substance and one dab of cannabis was recovered.
Accordingly, the applicant/accused was apprehended and after such recovery he was put under arrest by the sleuth of NCB.
Advocate A. M. Saraogi, appearing for the applicant, argued that the contentions raised by the prosecution with regard to alleged recovery by itself is false on the face. At the time of alleged house search the applicant was not present and he was later on called telephonically by his father.
SPP has strongly resisted the application and contended that the application is misconceived and is devoid of merits. He further argued that the sleuth of NCB had recovered the contraband in commercial quantity and the prima-facie involvement of the applicant-accused is absolutely located.
The Special Judge of N.D.P. S., Abhay A. Joglekar noted that the prosecution has failed to place any such material pertaining to LSD to hold that the said seized substance is a drug within the meaning of NDPS Act.
The court said that the prima-facie material collected during the course of investigation specified by the prosecution clearly demonstrates that the telephonic conversations and whatsapp chats between the applicant/accused and the co-accused.
The court while rejecting the bail application stated that the contraband was recovered in commercial quantity the rigors of Section 37 of the NDPS Act are well attracted and this ipso-facto disentitles the applicant/accused from any such relief of enlargement on bail.
Case title: Zaid Rana S/o. Zahir Rana v/s The State of Maharashtra
Citation: NDPS SPECIAL CASE NO. 1231 OF 2021 IN F. NO. NCB/BZU/CR-35/2021