Bombay High Court
Hemraj Ganeshram Patel vs Intelligence Officer And Anr on 16 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
PMB 18.ba.4337-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.4337 OF 2021
Hemraj Ganeshram Patel ..Applicant
Digitally
signed by
PRADNYA
PRADNYA MAKARAND
MAKARAND BHOGALE VS.
Intelligence Officer, NCB,
BHOGALE Date:
2023.01.16
19:13:17
+0530
Mumbai Zonal Uni, Mumbai and anr. ..Respondents
WITH
BAIL APPLICATION NO.4346 OF 2021
Hemraj Ganeshram Patel ..Applicant
VS.
Narcotics Control Bureau,
Mumbai Zonal Unit, Mumbai and anr. ..Respondents
WITH
BAIL APPLICATION NO.4339 OF 2021
Hemraj Ganeshram Patel ..Applicant
VS.
Intelligence Officer, NCB,
Mumbai Zonal Unit, Mumbai and anr. ..Respondents
------------
Mr. Taraq Sayed a/w Ms. Ashwini Achari and Mr. Advait
Tamhankar for the Applicant.
Mr. Shreeram Shirsat a/w Ms. Nishi Singhvi a/w Anna
Oommen for respondent no.1/NCB.
Ms. A. A. Takalkar, APP for the State.
------------
CORAM : M. S. KARNIK, J.
DATE : JANUARY 16, 2023
P.C. :
1. Heard learned counsel for the applicant, learned
counsel for the respondent no.1 and learned APP for the
State.
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2. These are applications for bail by the applicant-Hemraj
Ganeshram Patel in connection with C.R. No.08 of 2020,
C.R. No.07 of 2020 and C.R. No.06 of 2020 in respect of
NDPS Special Cases Nos.887 of 2021, 994 of 2021 and 995
of 2021 respectively registered for the offence punishable
under Section 8(c) read with Sections 21(c), 23, 25, 29 and
35 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (hereafter "the NDPS Act", for short).
3. Mr. Shirsat, learned counsel appeared on behalf of
respondent No.1 vehemently opposed these applications for
bail.
4. There were three recoveries made from the
co-accused - Shivam Hindia. A commercial quantity of
psychotropic substances was recovered from the
co-accused.
5. In C.R. No.06 of 2020 there is following recovery :-
"500 tablets of Diazepam, 1000 tables of
Alprazolam and 1200 tablets of Finasteride."
6. In C.R. No.07 of 2020 the following psychotropic
substance is recovered:-
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PMB 18.ba.4337-21.doc
"2.36 kgs of Hashish, 705 tables of Zolpidem,
110 tablets of Morphine, 50 tablets of Diazepam,
950 tablets of Alprazolam, 30 tablets of
Amlodipine, 90 tablets of Modafinil and 59900
tablets of Zopiclone."
7. In C.R. No.8 of 2020 there is following recovery :-
"2000 tablets of Diazepam, 70 tablets of
Tramadol, 388 tablets of Lozapam, 200 tablets of
Zolpidem, 130 tablets of Diazem-Vulum and 510
tablets of Alprazolam."
8. A huge quantity of psychotropic substance
(commercial quantity) was recovered. On the basis of the
statement of the co-accused- Shivam Hindia, the applicant
came to be arrested on 18/02/2021, 23/02/2021 and
07/03/2021 in connection with C.R. No.06 of 2020, C.R.
No.07 of 2020 and C.R. No.08 of 2020, respectively. The
entire quantity was recovered from the co-accused. The
applicant was not found in possession of any psychotropic
substance or that it is not alleged that there is any recovery
made from the applicant. Except for the statement of the
co-accused, there is no material to indicate the complicity of
the applicant.
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9. Mr. Shirsat, learned counsel for the NCB relying on the
decision of the Hon'ble Supreme Court in the case of
Narcotics Control Bureau vs. Mohit Aggarwal 1
contended that certain conditions as laid down in Section 37
of the NDPS Act have to be satisfied before the applicant
can be enlarged on bail. It is submitted that it is on the
basis of the statement of the co-accused, huge quantity of
psychotropic substance is found. It is however submitted
that considering the quantity of psychotropic substance,
and there are as many as three recoveries made at the
instance of the co-accused, the propensity of the applicant
to commit such an offence in future cannot be ruled out.
According to him, the applicant is not entitled to be
enlarged on bail. It is submitted that even Section 29 of the
NDPS Act is applied in the present case and if there is
recovery from the co-accused, the applicant is also
criminally liable under the provisions of NDPS Act.
10. Heard. The entire quantity is found from the
possession of the co-accused. It is on the basis of the
statement of the co-accused, the applicant has been
1 Criminal Appeal Nos.1001-1002 of 2022 (Supreme Court of India)
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arrested. There is no recovery made from the applicant. The
applicant is not found in possession of psychotropic
substance. Apart from the statement of the co-accused,
there is no other material to show his complicity with the
said recovery. It is further submitted that the co-accused
from whom the psychotropic substance has been recovered
has been enlarged on default bail.
11. The present applicant is in custody since 18/02/2021
almost for a period of 1 year and 11 months. Except for the
statement of the co-accused that the applicant is the
supplier of the psychotropic substance, there is no material
to indicate the applicant's involvement. In my opinion, the
applicant can be released on bail, also considering the fact
that he is in custody for almost 1 year and 11 months. The
trial is not likely to conclude any time soon. I am satisfied
that the conditions requisite as prescribed under Section 37
of the NDPS Act are fulfilled in the present case. The
applicant is therefore enlarged on bail.
12. Hence, the following order :-
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PMB 18.ba.4337-21.doc
ORDER
(a) Applications are allowed.
(b) Applicant-Hemraj Ganeshram Patel shall be released on bail in connection with C.R. No.08 of 2020, C.R. No.07 of 2020 and C.R. No.06 of 2020 in NDPS Special Cases Nos.887 of 2021, 994 of 2021 and 995 of 2021 respectively, on his furnishing P.R. Bond of Rs.1,00,000/- in each case with one or more local sureties in the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with the evidence.
(d) The applicant shall report to the Investigating Officer of the concerned police station once in fifteen (15) days of every alternate 1st and 3rd Saturday of the month 6/7 PMB 18.ba.4337-21.doc between 11.00 a.m. and 2.00 p.m. commencing from February, 2023.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
13. The Bail Applications are disposed of.
14. It is made clear that the observations are prima facie in nature only for the purpose of considering these applications for bail.
(M. S. KARNIK, J.) 7/7