1. Heard the learned Counsel for the parties.
2. The applicant, who is arraigned in NDPS Special Case No.150 of 2022, arising out of CR No.75 of 2021 registered with Anti Narcotic Cell ("ANC"), Mumbai, for an offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, ("NDPS Act") has preferred this application to enlarge him on bail.
3. On 24th August, 2021 specific information was received by PSI Patil that a person, whose features were described, was to come at Mith Chowky Bus Stop, Link Road, Malad (West), Mumbai, on 24th August, 2021 between 11.30 pm to 11.55 pm. 1/12 ::: Uploaded on - 19/03/2024 ::: Downloaded on - 19/03/2024 18:25:31 ::: 2-BA590-2023.DOC After complying with the statutory requirements under Section 42 of the NDPS Act, the police party conducted a surveillance. At about 11.55 pm the applicant, whose features matched with the features given by the informant, came near Mith Chowky Bus Stop carrying a black plastic bag. His movements appeared to be suspicious. He was accosted. The applicant was apprised of his right under Section 50 of the NDPS Act, 1985. The applicant declined to avail the said right. Thereupon the search of the applicant was conducted. In the black plastic bag, which the applicant was carrying, another plastic bag was found. The said plastic bag contained a off-white substance. It was tested with the field testing kit. It turned out to be Mephedrone (MD). It weighed 105 gm. Contraband article was seized and samples were collected. The applicant was arrested on 25th August, 2021.