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The Tax PublishersCriminal Revision Application No. 83 of 2019 2020 TaxPub(DT) 2277 (Bom-HC) : (2020) 273 TAXMAN 0023 IN THE BOMBAY HIGH COURT N.J. JAMADAR, J. Anant Vardhan Pathak v. UOI Criminal Revision Application No. 83 of 2019 22 May, 2020 Applicant by: Ashok P. Mundargi, Sr. Advocate and Ayaz Khan, Advocate Respondent by: P.H. Kantharia and M.H. Mhatre JUDGMENT 1. By this revision application, the applicant No. 1 assails the legality, propriety and correctness of an order passed by the learned Special Judge, NDPS, Greater Bombay, on an application for discharge (Exh.56) in NDPS Complaint Case No. 49 of 2014, dated 22-1-2019 whereby the learned Judge was persuaded to reject the application. 2. Shorn of unnecessary details, the background facts necessary for the determination of this revision application can be stated as under :-- (a) The applicant is arraigned for the offences punishable under section 8(c) read with section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') for having been found in possession of and also consumed a narcotic drug along with two co-accused. (b) The indictment against the applicant is that on 7-1-2014, the officers of the Income Tax Department conducted a search and seizure operation at Room No. 667 of Taj Palace Hotel, Mumbai in connection with the affairs of the group companies controlled by one Yash Birla. The applicant is the President of the corporate affairs of the said group. During the course of the said operation, the applicant was found in the said room along with co-accused. In the course of the said search and seizure operation, one of the co-accused namely Dharmu Rathod was found in possession of eight small self-knotted transparent polythene pouches containing white powdery substance kept in white paper envelope. The officers of Income Tax Department collected the said article and kept it in a safe, which was available in the said room, in the presence of the public witnesses, who were already summoned for the said search and seizure operation. The Superior Officers of the Income Tax Department thereafter informed the Zonal Director, Narcotics Control Bureau, Mumbai ('NCB') on 10-1-2014 about the said occurrence. SUBSCRIBE FOR FULL CONTENT

The Tax PublishersCriminal Revision Application No. 83 of 2019
2020 TaxPub(DT) 2277 (Bom-HC) : (2020) 273 TAXMAN 0023

IN THE BOMBAY HIGH COURT

N.J. JAMADAR, J.

Anant Vardhan Pathak v. UOI

Criminal Revision Application No. 83 of 2019

22 May, 2020

Applicant by: Ashok P. Mundargi, Sr. Advocate and Ayaz Khan, Advocate

Respondent by: P.H. Kantharia and M.H. Mhatre

JUDGMENT

1. By this revision application, the applicant No. 1 assails the legality, propriety and correctness of an order passed by the learned Special Judge, NDPS, Greater Bombay, on an application for discharge (Exh.56) in NDPS Complaint Case No. 49 of 2014, dated 22-1-2019 whereby the learned Judge was persuaded to reject the application.

2. Shorn of unnecessary details, the background facts necessary for the determination of this revision application can be stated as under :--

(a) The applicant is arraigned for the offences punishable under section 8(c) read with section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') for having been found in possession of and also consumed a narcotic drug along with two co-accused.

(b) The indictment against the applicant is that on 7-1-2014, the officers of the Income Tax Department conducted a search and seizure operation at Room No. 667 of Taj Palace Hotel, Mumbai in connection with the affairs of the group companies controlled by one Yash Birla. The applicant is the President of the corporate affairs of the said group. During the course of the said operation, the applicant was found in the said room along with co-accused. In the course of the said search and seizure operation, one of the co-accused namely Dharmu Rathod was found in possession of eight small self-knotted transparent polythene pouches containing white powdery substance kept in white paper envelope. The officers of Income Tax Department collected the said article and kept it in a safe, which was available in the said room, in the presence of the public witnesses, who were already summoned for the said search and seizure operation. The Superior Officers of the Income Tax Department thereafter informed the Zonal Director, Narcotics Control Bureau, Mumbai ('NCB') on 10-1-2014 about the said occurrence.