The Bombay High Court granted bail to two accused persons in case relating to illegal possession and distribution of 5970 Nitrazepam tablets (3.184 kg), a psychotropic substance under the NDPS Act. The two applicants had been booked under Sections 8(c), 21(c), 22(c), 28, and 29 of the NDPS Act.
Background and Facts:
On 02.05.2023, the Narcotics Control Bureau (NCB), Mumbai, received intelligence regarding a suspicious parcel containing “Nitrazepam Tablets IP Nitravet-10,” a psychotropic substance regulated under the NDPS Act. The parcel was located at Professional Couriers, Shukravar Peth, Pune, and was booked under the name of Accused No. 4 as the shipper, with Accused No. 1 listed as the recipient. Acting on this information, the NCB laid a trap. During the operation, Accused No. 1 and the applicant in Bail Application No. 1318 of 2024 were apprehended while attempting to collect the parcel. Upon inspection, the parcel was found to contain 398 strips—totaling 5,970 tablets—of Nitrazepam IP Nitravet-10, weighing 3.184 kilograms. Subsequent investigation revealed that the parcel had been dispatched by the applicant in Bail Application No. 2233 of 2024.
Analysis
The single judge bench comprising of Justice N.R. Borkar while noting the lack of direct evidence regarding illegal procurement from the distributors, and absence of criminal antecedents, held that continued custody was not justified. The Court pointed out that the distributors were not made accused despite the prosecution’s claim that the tablets originated from them. It was also observed that Accused No 2 involvement appeared limited to being present at the pickup point.
Accordingly, the Court granted bail to both applicants on furnishing personal bonds of ₹25,000 each with sureties, requiring them to report monthly to the NCB and to deposit their passports with the trial court.
Advocates appearing in the case:
Mr. Aashish Satpute a/w. Mr. Chaitanya Purankar for the Applicant
Mr. Shreeram Shirsat, Spl.P.P. a/w. Mr. Shekhar Mane, Ms Karishma Rajesh and Adv. Iqra Qureshi for the Respondent/NCB.
Ms Manisha Jagtap a/w. Adv. Yashashree Raut for NCB.
Smt. Veera Shinde, APP for the Respondent/State.
Read Order:
