NDPS BA.No.1066/2023
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NDPS.RA.No.1336/2023
MHCC020185152023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.1066 OF 2023
IN
NDPS REMAND APPLICATION NO.1336 OF 2023
Harashad Shankar Parulekar
Age : 43 years, Occ. : Business
R/at : House no.G 44, Guthun no.2,
Near Juhu market, Mumbai – 400 049.

.. Applicant/Accused
VERSUS
The State of Maharashtra
(Through Anti Narcotics Cell, Bandra Unit,
vide C.R.No.86 of 2023)
.. Respondent
Advocate Mr. Anup Lahoti for the Applicant/Accused.
APP Mr. Wajid Shaikh for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 13th February, 2024
ORDER
1.

This is an application for bail by applicant/accused
Harashad Shankar Parulekar who has been arrested by the Anti
Narcotics Cell in C.R.No.86 of 2023, for the offence punishable under
Section 8(C) read with Section 20(C), 20(A), 29 of the Narcotic Drugs
and Psychotropic Substance Act, 1985, (for short, ‘NDPS Act’).

NDPS BA.No.1066/2023
2.

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NDPS.RA.No.1336/2023
Briefly stated the case of the prosecution is that during the
course of patrolling, the officers of the ANC apprehended the accused
no.1 Sachin Nande. His search resulted in recovery of 220 grams of
charas. He disclosed that he had obtained the charas from his friend
Carrington. He lead the police team to the house of Carrington. During
questioning, Carrington disclosed that he had given the contraband to
one Harashad, the present applicant for keeping in his house. The
accused Carrington led the police to the present applicant. The
applicant admitted that he had kept the contraband in rented room.
He led the police team to a rented room and opened the lock. From
there, 600 grams of charas was recovered from one bag and 950 grams
of Hydro Ganja was also recovered. Further, from the same house, 900
grams of charas was recovered at the instance of accused Carrington.
3.

The contention of the accused is that he is innocent. He
had only kept the parcel given by the accused Carrington and was
oblivious about the contents of the package.

Further, the collected
contraband seized at his instance is non commercial quantity and hence
bar of section 37 would not apply.
4.

Per contra, the APP has submitted that there is chain of
procurement and supply of narcotic substance. The house was specially
rented as safe house to stash the contraband.

The house was in
exclusive possession of the applicant. The possession of the applicant is
conscious possession and considering that the investigation is in
progress, bail cannot be granted to the accused.

NDPS BA.No.1066/2023
5.

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Heard both the sides.

NDPS.RA.No.1336/2023
Perused the say filed by the
prosecution.
6.

I have given a thorough consideration to the arguments
advanced. What precipitates from the record is that one of the accused
Carrington pointed out the house of the applicant and disclosed that he
had given the contraband to the applicant for safe keeping.

The
applicant had opened the rented premises with the keys in his
possession. This shows that the applicant had knowledge and was in
conscious possession of the contraband.

Considering that the
investigation is at nascent stage, it cannot be inferred that each accused
was possessing contraband individually. The bar of section 37 would
arise and there are no reasons to believe that the accused is not guilty
of the offence.

Hence, the application for bail stands rejected and
disposed off. Accordingly, the following order is passed :
Order
1. Bail Application No.1066 of 2023 in NDPS Remand Application
No.1336 of 2023 stands rejected.
2. Bail Application No.1066 of 2023 in NDPS Remand Application
No.1336 of 2023 is accordingly disposed off.

Date : 13/02/2024
Dictated on
: 14/02/2024
Transcribed on : 14/02/2024
HHJ signed on : 17/02/2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

NDPS BA.No.1066/2023
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NDPS.RA.No.1336/2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer
Name of the Judge
: Mrs. Varsha D. Chowdhri
HHJ Shri A. V. Kharkar (C.R.No.42)
Date of Pronouncement of Order 13th February, 2024
Order signed by P.O. on
17th February, 2024
Order uploaded on
17th February, 2024