ARSHAD KARAR KHAN vs STATE OF MAHARASHTRA

Judgment text excerpt

14 BA 286-25.doc ASHISH Digitally signed by ASHISH SAHEBRAO Ashish SAHEBRAO MHASKE MHASKE Date: 2025.10.15 11:51:54 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 286 OF 2025 Arshad Karar Khan … Applicant V/s. State of Maharashtra … Respondent Mr. Taraq Sayed, for the applicant. Mrs. Rajashree Newton, APP for respondent – State. Mr.S.A. Mehetar, HC, Anti Narcotics Cell, Navi Mumbai. CORAM : AMIT BORKAR, J. DATED : OCTOBER 15, 2025 JUDGMENT: 1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking regular bail. The applicant seeks his release in connection with Crime Register No. 72 of 2024 registered with APMC Police Station, Navi Mumbai, for offences punishable under Sections 8(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). 2. The prosecution case is that on 21 February 2024, Police Constable P. H. Tayde received specific information that Arshad Khan, residing at Lodha Pallava, Dombivali, would arrive between 19:15 hours and 19:30 hours at Pendhar Bridge Phata, Kamboli- Shilphata Road, Taloja, Navi Mumbai, to sell Mephedrone (“MD”) to his customers. The said information was reduced to writing and 1 14 BA 286-25.doc forwarded to the superior officers for obtaining authorization as required under Section 42(2) of the NDPS Act. Two panch witnesses were arranged, and the raiding team proceeded to the spot and maintained surveillance. 3. Around 19:15 hours, a person matching the description given by the informer arrived at the location. The officers intercepted him. On inquiry, he disclosed his name as Arshad Khan, the applicant herein. He was informed of his right to be searched before a Gazetted Officer or a Magistrate a