Bombay High Court
Abdul Basit Faizanullah Khan vs The State Of Maharashtra on 26 April, 2024
Bench: Prakash D. Naik, N. R. Borkar
2024:BHC-AS:19382-DB
5-WP-2912-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2912 OF 2022
Abdul Basit Faizanullah Khan ...Petitioner
Versus
The State Of Maharashtra ...Respondent
....
Ms. Sana Raees Khan a/w Mr. Aditya Parmar, Mr. Abhijeet Singh, Ms.
Ruchita Rajpurohit and Ms. Sneha Mishra, Advocates for the Petitioner.
Mr. Anand S. Shalgaonkar, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, &
N. R. BORKAR, JJ.
DATE : 26th APRIL 2024
P.C.:
1. The petitioner is charge-sheeted vide Special NDPS Case
No.852 of 2022 arising out of FIR dated 2nd October 2020
registered with Bandra Police Station vide Special LAC No.109 of
2020 for offences under Sections 8(c), 22, 27, 29 of the NDPS Act.
2. The case of the prosecution is that the police constable
attached to Bandra Police Station and others were on night duty.
While they were patrolling, they heard noise of boys and girls in
the building. Police called the Senior Officer. All of them raided
the premises. There were about six men and three women in the
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premises. They were celebrating party. One of them found in
suspicious condition. He was concealing something in his pant
pocket. Police apprehended all the persons. Search was conducted.
Co-accused Haris Faijan Khan was found in possession of 12 grams
of M.D. Samples were taken. The persons, who were present at the
place of incident, were apprehended. The case of the prosecution is
that, the applicant is one of the person, who had consumed the
contraband. Blood samples were sent for examination to the
Directorate of Forensic Science Laboratory. Applicant was arrested.
He was granted bail by the learned Special Judge vide order dated
8th October 2020.
3. Learned Advocate for petitioner submitted that, there is no
evidence to connect the applicant in the crime. The case of the
prosecution is that the co-accused was found in possession of 12
grams mephedrone. However, no recovery was made at the
instance of the applicant. There is no evidence to establish that the
applicant was acting in connivance with co-accused. Although, it
is the case of the prosecution that, the applicant had consumed
contraband, it is not established by any evidence.
4. Learned APP submitted that, role attributed to the applicant
is that he had consumed contraband. During the course of
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investigation, blood and urine samples of the applicant were
obtained and the same were sent to FSL. Photocopy of the FSL
report has been produced which indicate that the examination of
blood and urine does not indicate the presence of narcotic drugs
like heroin, cocaine, Morphine, Caffeine, Ketamine,
Methamphetamine, Lorazepam, Alprazolam and Cannabis
constituents. Mephedrone is not detected in exhibit samples.
5. Thus, the factual matrix of this case would indicate that, the
prosecution case is that police raided the premises after hearing the
loud noise. One of the persons was found in possession of the
contraband. There is no evidence to show that, the applicant was
in any manner conniving with the co-accused, who was found in
possession of contraband. The case of the prosecution against the
applicant is that, he had consumed the contraband. It is not clear
as to on what basis it was presumed that the applicant had
consumed mephedrone or any other contraband. Even otherwise,
the blood samples and urine samples of the accused were
forwarded to FSL and the report is negative. In the absence of any
evidence to connect the petitioner with the said crime, the
petitioner cannot be prosecuted for the said offences.
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ORDER
i) Criminal Writ Petition No.2912 of 2022 is allowed and disposed off;
ii) The impugned proceedings in Special NDPS Case No.852 of 2022 arising out of FIR dated 2nd October 2020 registered with Bandra Police Station vide Special LAC No.109 of 2020, is quashed and set aside, qua the petitioner.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)
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