MOHD. MOBIN JAHURUL HASAN MANIHAR vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Cri BA 713 OF 2024.docx Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No. 713 OF 2024 Mohd. Mobin Jahurul Hasan Manihar .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Ashok Mundargi, Senior Advocate i/b Ms. Shradha Sawant for Applicant.  Ms. Shilpa Gajare – Dhumal, APP for Respondent – State.  API - R.V. Londhe, Anti Narcotic Cell, Ghatkopar Unit, Mumbai - Present. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 20, 2025 JUDGEMENT: 1. This Application is filed under Section 439 of the Code of Criminal Procedure, 1973 for seeking regular bail in C.R. No.12 of 2023 registered with Anti Narcotic Cell, Ghatkopar Unit, Mumbai for offences under Sections 8(c), r/w 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”). 2. The brief facts of the case are that on 05.02.2023, a Police team led by Police Inspector Lata Suthar, acting on orders from superiors, proceeded in a government vehicle for conducting raids against persons dealing with Narcotic substances. It is when the team 1 of 19 Cri BA 713 OF 2024.docx reached under the Dockyard Railway Station bridge at about 8:30 p.m. they noticed Applicant – Accused behaving suspiciously. 3. On noticing the Police Officials Applicant attempted to flee but was detained on the spot. On questioning about his details Applicant gave evasive answers which led the police to call for panch witnesses in order to search the Applicant. On search, 220 grams of Mephedrone (for short “MD”), a psychotropic substance / contraband was found was found in possession of Applicant and he was arrested. Small quantity under the NDPS Act is 2 grams and commercial quantity is 50 grams. 4. Mr. Mundargi, learned Senio