Manipur High Court
Shri Anilbhai Nayaka vs The Union Of India Represented By The … on 24 July, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
REPORTABLE
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
BAIL APPLN. No. 21 of 2024
Shri Anilbhai Nayaka, aged about 30 years, s/o Shri Kantibhai
Nayaka of D-T-1 Krusha Apartment, near Anand Nagar Vejalpur,
Ahmedabad, Gujarat-380051.
...Petitioner/Accused Person
- Versus -
The Union of India represented by the Narcotics Control Bureau
(NCB) through its Intelligence Officer, Narcotics Control Bureau
(NCB), CPWD Quarters, Changangei Kongba Uchekon-Imphal
West, Manipur - 795008.
...Respondent
WITH
BAIL APPLN. No. 22 of 2024
Shri Nitin Kumar Panchal, aged about 57 years, s/o Shri
Yashwantlal, of 2739 Luhars Corner, Dariyapur Police Chowki
Dariyapur, Ahmedabad, Gujarat-391250.
…Petitioner/Accused Person
– Versus –
The Union of India represented by the Narcotics Control Bureau
(NCB) through its Intelligence Officer, Narcotics Control Bureau
(NCB), CPWD Quarters, Changangei Kongba Uchekon-Imphal
West, Manipur – 795008.
...Respondent
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the petitioners : Mr. T. Momo, Sr. Advocate;
Ms. N. Diana, Advocate
For the respondent : Mr. W. Darakeshwar, Sr. PCCG
Date of hearing : 06-05-2025
Date of order : 24-07-2025
Bail Appln. No. 21 of 2024 & Page 1 of 18
Bail Appln. No. 22 of 2024
ORDER [CAV]
[1] Heard Mr. T. Momo, learned senior counsel assisted by
Ms. N. Diana, learned counsel for the petitioners and Mr. W. Darakeshwar,
learned Sr. PCCG for the respondent.
[2] As the facts are similar in nature in both the bail applications, these
applications are heard together and are disposed of by this common order.
[3] The present bail applications have been filed by the petitioners
under Section 439 of the Code of Criminal Procedure, 1973 read with
Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985
with a prayer for enlarging the petitioners/accused persons on bail in
connection with the Special Trial Case No. 26 of 2023 which is pending
before the learned Special Court (ND&PS), Manipur.
[4] The petitioner in Bail Appln. No. 21 of 2024 has been employed
for about 6-7 years with M/s Recover Healthcare Ltd., Ahmedabad, while
the petitioner in Bail Appln. No. 22 of 2024 has been employed with the
same company for about 20 years. M/s Recover Healthcare Ltd. is a
pharmaceutical firm operating since 2002 and has no history of criminal
proceedings, except for the present case.
[5] The petitioners were arrested by the NCB on 09-05-2023 and have
been in judicial custody since then. A Final Complaint (Charge-sheet) was
filed on 03-07-2023 by the NCB before the Special Judge, NDPS Court,
Imphal, Manipur against all the accused persons including the petitioners.
The petitioner in Bail Appln. No. 21 of 2024, a resident of Ahmedabad,
Bail Appln. No. 21 of 2024 & Page 2 of 18
Bail Appln. No. 22 of 2024
Gujarat, is the father of a daughter and also supports his wife, mother (a
house-help), and father (a gardener). The petitioner in Bail Appln. No. 22 of
2024 is unmarried and resides in Ahmedabad, Gujarat with his family where
his father is undergoing treatment for end stage of kidney cancer. Both the
petitioners have no previous criminal antecedents apart from the present
case.
[6] As per the Final Complaint (Charge-Sheet) dated 03-07-2023, the
NCB allegedly recovered 533 plastic pouches/packets, with each packet
containing 1000 numbers (weighing 110.5 kg) of suspected
Pseudoephedrine falsely labelled as “CETRIZINE HYDROCHLORIDE
TABLETS 10 MG Levocet” along with 860 grams of suspected heroin from
the house of co-accused Jangminthang Guite at Moreh, Tengnoupal District.
[7] It was alleged that the petitioners, the employees of M/s Recover
Healthcare Ltd., were involved in the sale and trafficking of a large quantity
of Pseudoephedrine by affixing fake labels and facilitating its distribution.
[8] It was alleged that fake labels of “CETRIZINE HYDROCHLORIDE
TABLETS 10 MG Levocet, Batch No. 075/22 manufactured by Sunview
Biotech” were affixed on plastic pouches containing Pseudoephedrine
tablets, which were delivered to co-accused Md. Abdul Wakil at Delhi
through Giri cargo, out of which 533 such plastic pouches were later seized
from co-accused Jangminthang Guite on 03-03-2023.
[9] It was alleged that during the house search of the petitioner, Shri
Nitin Kumar Panchal, various documents and fake labels related to the
Bail Appln. No. 21 of 2024 & Page 3 of 18
Bail Appln. No. 22 of 2024
diversion of 110.5 kg of Pseudoephedrine tablets were recovered. A further
search at the office of the said M/s Recover Healthcare led to the seizure of
64 fake labels identical to those found on the seized 533 packets of
Pseudoephedrine tablets. CDRs revealed regular contact between the
petitioners and other co-accused, namely Abdul Wakil around the time of
the alleged delivery. The petitioners were arrested by NCB on 09-05-2023
and formal arrest memos were issued and Search-cum-Seizure list
(Panchanama) was prepared on 09-05-2023.
[10] The Central Government declared “Pseudoephedrine” as a
controlled substance vide notification No. S.O. 1296 (E) dated 28-12-1999
published in the Gazette of India, Extra Part-II, Section 3, Sub-Section (ii).
[11] The transit remand application for the petitioners was allowed by
an order dated 10-05-2023 passed by the learned Special Judge (NDPS),
Ahmedabad.
[12] The petitioners filed first bail applications being Cril.Misc. (B) Case
No. 128 of 2023 and Cril.Misc. (B) Case No. 129 of 2023 before the learned
Special Judge, (ND&PS), Manipur at Lamphelpat seeking release on bail.
The learned Special Judge, ND&PS, Manipur rejected the bail applications
by an order dated 26-06-2023 and made the following observation:–
“5. Perused materials on record. There are documents showing the
seizure of sticker set/labels of Tablet Colzen having composition
Tripoldine HCI and Pseudoephedrine HCI amongst other
documents from the house of the applicant No. 2, Panchnama,
statements of witnesses under S. 67 of the ND&PS Act etc. On
perusal of the materials on record, I am of the view that at thisBail Appln. No. 21 of 2024 & Page 4 of 18
Bail Appln. No. 22 of 2024
stage there exist sufficient basis for proceedings against the
accused/applicants in respect of the alleged offences. There
exists no such facts and circumstances on record that are
sufficient in themselves to justify satisfaction that the
accused/applicants are not guilty of the alleged offences or no
reasonable grounds to believe that the accused persons are not
guilty of the said offences. There is also nothing to show that the
accused/applicants are not likely to commit any similar offence
while on bail.
6. In the above circumstances, having regard to all the relevant
considerations including seriousness and gravity of the alleged
offences, I am not inclined to release the two accused/ applicant
Nos. 1 & 2 on bail. Therefore, the two bail applications are
rejected and stand disposed of.”
[13] In connection with NCB Crime No. 02/NCB/Imp/2023 dated 03-03-
2023 u/s 8(c) & 9A r/w S.21(c), 25A, 25 & 29 of the ND&PS Act, 1985, the
IO filed a Final Complaint (Charge-sheet) on 03-07-2023 before the learned
Special Judge, ND&PS, Manipur at Lamphelpat.
[14] The petitioner in Bail Appln. No. 21 of 2024 is arrayed as accused
No. 5 and the petitioner in Bail Appln. No. 22 of 2024 is arrayed as accused
No. 4 in the Special Trial Case No. 26 of 2023 in relation to the said
complaint and charges were framed against them by the order dated
18-09-2024 for commission of offences under Sections 25A/29 of the NDPS
Act and Sections 465/487 IPC.
[15] The petitioners again filed second bail applications being
(i) Cril.Misc.(B) Case No. 262 of 2023 (Ref. Special Trial Case No. 26 of
2023) and (ii) Cril.Misc.(B) Case No. 260 of 2023 (Ref. Special Trial Case
Bail Appln. No. 21 of 2024 & Page 5 of 18
Bail Appln. No. 22 of 2024
No. 26 of 2023) before the learned Special Judge, ND&PS, Manipur at
Lamphelpat under Section 167(2) CrPC r/w Section 439 CrPC seeking
default bail on the ground that the Final Complaint dated 03-07-2023 was
incomplete as it lacked the chemical examination report/FSL report. The
learned Special Judge, ND&PS, Manipur vide order dated 30-11-2023 in
Cril.Misc.(B) Case No. 260 of 2023 (Ref. Special Trial Case No. 26 of 2023)
and Cril.Misc.(B) Case No. 262 of 2023 (Ref. Special Trial Case No. 26 of
2023) rejected the said bail applications.
[16] The petitioner in Bail Appln. No. 21 of 2024 filed third bail
application, Cril.Misc.(B) Case No. 12 of 2024 (Ref. Special Trial Case No.
26 of 2023) under Section 439 CrPC before the learned Special Judge,
ND&PS, Manipur at Lamphelpat seeking release on bail. The learned
Special Judge, ND&PS, Manipur vide order dated 28-02-2024 rejected the
said bail application and made the following observation:
“9. Having regard to the fact that no new substantial ground is
raised in the present application for the release of the accused on
bail and in view of the stage of the case and the nature and gravity
of the alleged offences, I am not inclined to release the accused
on bail at this stage. Therefore, the application is rejected and
stands disposed of.”
[17] Reply affidavits dated 14-05-2024 have been filed by the
respondent. In the reply affidavits, the respondent submits that during
investigations, it has also been recorded that the accused Anilbhai Nayaka
and Nitin Kumar Panchal themselves admitted that as per the direction from
Bhadreshbhai Patel, they received 1500 unmarked plastic pouches, each
Bail Appln. No. 21 of 2024 & Page 6 of 18
Bail Appln. No. 22 of 2024
containing 1000 Pseudoephedrine tablets from M/s Ardor Drugs Pvt. Ltd. on
19-01-2023 in the name of Admos SR by a tempo. They put fake labels of
“CETIRIZINE HYDROCHLORIDE TABLETS 10 MG Levocet with batch No.
075/22 manufactured by Sunview Biotech” on the aforesaid 1500 unmarked
plastic pouches of Pseudoephedrine tablets and then delivered to Md. Abdul
Wakil at Delhi through Giri Cargo. Therefore, considering the prima facie
evidence on record in the instant case, the liberty of a person can be
curtailed accordingly. Further proclamation issued against wanted suspect
namely, Ms. Sultani, Shri Jangminthang Guite and Ms. Hawlemneng Guite
u/s 82 of the NDPS has been flashed in local newspaper on 14-04-2024 and
15-04-2024 and accordingly the Special NDPS Court, Manipur at Lamphel
is taking up action in continuing with the trial and proceeding of the case.
[18] It is further submitted that the CDR details corroborated the
evidence that there were frequent contacts among the accused Anilbhai
Nayaka, Nitin Kumar Panchal, Bhadreshbhai Patel and Abdul Wakil. During
investigation, CDRs of mobile numbers of Nitin Kumar Panchal, Anilbhai
Nayaka, Bhadreshbhai Patel and Abdul Wakil including others were also
analyzed which clearly indicated that they were in regular touch during the
delivery of the consignment of Pseudoephedrine tablets.
[19] It is submitted that the forensic examination report dated 26-10-
2023 was received through official mail from NCB, Guwahati which gave
positive test for Heroin in Exhibit-A and Pseudoephedrine in Exhibit-B. The
chemical test report has proven and completed the prosecution justification
that all the accused are involved in illegal business which also clearly
Bail Appln. No. 21 of 2024 & Page 7 of 18
Bail Appln. No. 22 of 2024
indicates the huge conspiracy made on the diversion of the
Pseudoephedrine tablets meant for trafficking and manufacturing of
Methamphetamine (ATS), a banned drug.
[20] During house search of Nitin Kumar Panchal, fake labels of
Triprolidine HCI (Colzen) containing Pseudoephedrine tablets were also
recovered on 08-05-2023, which indicated that the criminal conspiracy in the
seizure of 533 packets of Cetirizine HCl tablets (Levocet) containing
Pseudoephedrine as similar kind of labels were put on those packets which
were seized from the premises of Jangminthang Guite on
03-03-2023.
[21] It is submitted that Anilbhai Nayaka has also stated that he came
in contact to Abdul Wakil through Tradeindia business platform where his
mobile no. and mobile no. of his boss namely Bhadreshbhai Patel are
registered. He further stated that Abdul Wakil called him on few occasions
regarding enquiry related to purchasing of Pseudoephedrine tablets, which
he further forwarded to Bhadreshbhai Patel. Thereafter, on his direction he
facilitated Abdul Wakil when he came to Ahmedabad for the deal of
Pseudoephedrine tablets. He helped in accommodation of Abdul Wakil at
Krios Hotel, Ahmedabad. Abdul Wakil in his statement has also confessed
that he procured the consignment of 1500 packets of Pseudoephedrine
tablets from M/s Recovery Healthcare, Ahmedabad through Anil Bhai
Nayaka and Nitin Kumar Panchal.
[22] It is submitted that during investigation, CDRs of mobile numbers
of Anilbhai Nayaka and Nitin Kumar Panchal were also analyzed which
Bail Appln. No. 21 of 2024 & Page 8 of 18
Bail Appln. No. 22 of 2024
clearly indicates that they were in regular touch with Abdul Wakil and
Bhadresh Patel during the delivery of the consignment of Pseudoephedrine
tablets. (Copies of CDR analysis of Anilbhai Nayaka and Nitin Kumar
Panchal have already been submitted at Final Complaint dated 03-07-2023
of pages no. 372, 374 and 377).
[23] It is submitted that the forensic examination report No.
CFSL(KR)/627/NAR/32/23 dated 26-10-2023 was received from CFSL
Guwahati on 09-11-2023 which gave positive test for Diacetyl Morphine
(heroine), Morphine-3-acetate, 6-Monoacetylmorphine and Acetylcodein
have been detected in Exhibit-A and Pseudoephedrine has been detected
in Exhibit-B.
[24] The accused in the present case, Harshal Desai and Mehul Desai
have been issued Detention Order under PITNDPS Act by the Joint
Secretary, Ministry of Finance on 28-02-2024 and copy of the same served
on 29-02-2024 and 01-03-2024 for engaging in illicit trafficking of narcotics
drugs & psychotropic substance and confirmation order is awaited from the
advisory board.
[25] It is imperative to furthermore submitted that, the twin test of
section 37 of the ND&PS Act which is laid down by Hon’ble Supreme Court
envisage that bail should not be granted to an accused unless the accused
is able to satisfy twin conditions i.e. reasonable ground for believing that the
accused is not guilty of such an offence and that the accused would not
commit an offence or is not likely to commit an offence, if granted bail. This
aforesaid condition which is a sine qua non to consider while examining the
Bail Appln. No. 21 of 2024 & Page 9 of 18
Bail Appln. No. 22 of 2024
bail matter in ND&PS case.
[26] It is further submitted by the respondent that the following facts
came out during investigation:
i. There has been similar kind of seizure of 13 lakh of
Pseudoephedrine tablets affected in Sagaing Region of Myanmar in
August 2020. Again 39 lakh Pseudoephedrine tablets in the brand
Colzen containing Pseudoephedrine was seized in Champai,
Mizoram in March 2023.
ii. The seized 533 packets in the present case are the part of 1500
packets of Pseudoephedrine tablets that were actually
manufactured by Ardor Drugs Pvt. Ltd., Songadh, Tapi. The rest 967
packets got succeeded to go through Moreh border to Myanmar.
Thus this case is also having international linkage.
iii. The present applicants are the main kingpins who have diverted the
huge quantity of Pseudoephedrine tablets into illegal channel which
has somehow crossed Myanmar border either from Mizoram side or
Manipur side.
iv. This is the 2nd crime committed by the Harshal Desai and Mehul
Desai, an accused in the said case while being released on bail in
connection with NDPS Case No. 48/2020 registered at Principal
District and Session Court, Surat, Gujarat which was initiated by DRI
Surat and the present petitioner is a party who have been running
this illegal drug trade in connivance with them.
v. There are still various new aspects are yet to be explored to
Bail Appln. No. 21 of 2024 & Page 10 of 18
Bail Appln. No. 22 of 2024
ascertain the further linkage or the source of the seized 110.5 kg ofPseudoephedrine tablets, which will not be possible if the accused
is granted bail at this juncture.
vi. That during the course of investigation, house search at the
residence of Nitin Panchal (one of the accused in the case from
Gujarat) was conducted by NCB and recover some documents of
M/s Elite Medical Store, Aizawl which surfaced in the instant case.
Follow up was conducted at M/s Elite Medical Store, Aizawl,
Mizoram by team NCB, Guwahati on dated 03-11-2023 and
statement of the proprietor of M/s Elite store recorded. Accordingly,
letter vide NCB 02/NCB/Imp/2023 dated 03-11-2023 to the State
Drug Controller, Mizoram, Aizawl was requested to enquire and
take necessary action as per D&C act and other relevant laws
against diversion of pseudoephedrine tablets. Directorate of Health
Services-Food & Drugs Administration wing-Mizoram vide order
dated 21st Feb, 2024 cancelled the Drug License of Elite Medical
store.
vii. That enquiry conducted at NCB, Ahmedabad on 12-12-2023
regarding details of URN issued to M/s Ardor Drug Pvt. Ltd.
Accordingly, letter issued to ZD, Ahmedabad dated 19-12-2023
seeking details on the URN issued by NCB, Ahmedabad. Further,
letter was also issued to the Zonal Director, NCB. Ahmedabad Zonal
Unit on 15-03-2024 with a request to cancel the URN of M/s Ardor
Drug Pvt. Ltd. issued by NCB Ahmedabad Zonal Unit or any other
Bail Appln. No. 21 of 2024 & Page 11 of 18
Bail Appln. No. 22 of 2024
URN issued to the accused. NCB, Ahmedabad informed thatproposal for cancellation of URN of M/s Ardor Drug Pvt. Ltd. in 2021
was sent to concerned DDG(R) for violation of the provision of RCS
order 2013 as the company premises was raided by DRI, Surat, July
2020 and mismatch in quantities of Ephedrine and
Pseudoephedrine found.
viii. That it is humbly submitted that, from the bare perusal of the
aforesaid submission cited, it is evidently clear that there are
enough prima facie or reasonable ground to believe that the
accused had committed an offence. And considering all the other
relevant aspect such as the gravity of the charge, likelihood of the
offence being repeated or the character and criminal antecedent of
the accused taking a cue from the relevant material available on
record the principle and yardstick layout therein by the petitioner in
the bail application are not satisfied by the petitioner. Therefore, it
does not come to an aid for the petitioner in whatsoever manner.
ix. That the statements of 6 employees of M/s Ardor Drug Pvt. Ltd. was
recorded at NCB, Ahmedabad on 12-12-2023 to
14-12-2023. All the 6 employees have stated that details of record
of procurement/production/sales/marketing/transportation of
pseudoephedrine/ephedrine are maintained and controlled by
Harshal & Mehul Desai. All bills/invoices are generated by Harshal
and Mehul which clearly shows that the employees are made to
work as per the instructions of Harshal and Mehul Desai.
Bail Appln. No. 21 of 2024 & Page 12 of 18
Bail Appln. No. 22 of 2024
x. That further investigation and financial investigation is going on totrace and break the chain of illegal trade considering the gravity of
the offense committed by the petitioner which are serious in nature.
Therefore, considering the key role being played by the accused in
the instant case, mere long incarceration of an accused in judicial
custody should not be a ground to release the accused on bail as it
will frustrate the whole objective of stringent law laid down by the
parliament to combat illegal trafficking of drugs and will perpetuate
to further crime, the same principle has been laid in a plethora of
cases.
xi. That the accused in the present case, Harshal Desai and Mehul
Desai has been issued Detention Order under PITNDPS Act by the
Joint Secretary, Ministry of Finance on 28-02-2024 and copy of the
same served on 29-02-2024 and 01-03-2024 for engaging in illicit
trafficking of narcotics drugs & psychotropic substance and
confirmation order is awaited from the advisory board.
[27] Mr. T. Momo, learned senior counsel for the petitioners in both
cases, submits that the petitioners are innocent and they have been arrested
for being employees of the main accused. It is clarified that they have no
direct role in the alleged transportation of controlled substance and they
were discharging the duties assigned to them by their employer. In fact, they
have no inkling of what was transpired underneath.
[28] Learned senior counsel further states that there was no recovery
of Pseudoephedrine tablets from the passion of the petitioners and the
Bail Appln. No. 21 of 2024 & Page 13 of 18
Bail Appln. No. 22 of 2024
statements of the co-accused recorded under Section 67 of the NDPS Actwill not be admissible in view of the decision of the Hon’ble Supreme Court
in the case of Tofan Singh v. State of Tamil Nadu: (2021) 4 SCC 1. It is
also pointed out that recovery made during the search of the office-cum-
godown of M/s Recover Healthcare on 09-05-2023 in Gujarat and from the
house of co-accused at Moreh, Manipur on 03-03-2023 have no connection
with the present petitioners.
[29] It is submitted on behalf of the petitioners that the charges under
Section 25A/29 of NDPS Act and Sections 465/487 IPC were framed on 19-
09-2024 and the petitioners are in custody since 10-05-2023, and hence
further detention of the petitioners will not serve any fruitful purpose.
[30] Mr. T. Momo, learned senior counsel vehemently urges that the
strict rigors of the provisions of Section 37 of NDPS Act would not be
applicable to a controlled substance. It is pointed out that in the present
case, the petitioners have been implicated with the seizure of
Pseudoephedrine which is a controlled substance. Reliance is placed on the
decisions in- (i) Dhirendra Prakash Saxena v. Directorate of Revenue
Intelligence: 2023 SCC Online Del 2770, (ii) Manoj Kumar v. Director of
Revenue Intelligence: 2015 SCC Online Del 7830, (iii) Tinimo Efere
Wowo v. State of NCT of Delhi: 2022 SCC Online Del 46, (iv) Niranjan
Jayantilal Shah v. Directorate of Revenue Intelligence: 2013 SCC
Online 4608, and (v) Bail Application No. 16 of 2024: Shri Bhadresh Kr.
Patel v. Union of India, order dated 13.12.2024 of High Court of Manipur
(same FIR) to the point that Section 37 of NDPS Act will not be applicable
Bail Appln. No. 21 of 2024 & Page 14 of 18
Bail Appln. No. 22 of 2024
to controlled substance.
[31] It is further submitted that the petitioners have no previous criminal
antecedents and they are ordinary employees of M/s Recover Healthcare
Ltd. and are the earning members of their respective family. There is no
likelihood of them absconding nor meddling with the process of law and will
abide by all the conditions imposed by this Court in case of releasing on bail.
[32] Per contra, Mr. W. Darakeshwar, learned Sr. Panel Counsel for
the Central Government, submits that the petitioners herein have been
arrested for their complexities in misbranding of Pseudoephedrine tablets as
fake labelling of Cetirizine Hydrochloride Tablets 10 mg Levocets. During
the course of investigation, they have active role in transporting the
controlled drug from Gujarat to Myanmar through Manipur. It is a trans-
border drug syndicate. The petitioners have facilitated the co-accused Abdul
Wakil from Manipur during his trip in Gujarat. The CDR record shows
numerous calls amongst the co-accused. Out of 1500 packets of tablets,
533 packets were seized at Moreh border and rest 967 packets were
successfully delivered to the destination in Myanmar. The forensic report
indicated Pseudoephedrine for Ext.-B and heroine for Ext.-A.
[33] Learned SrPCC indicates that the petitioners are sending fully
knowing that the Pseudoephedrine tablets will be transported to Myanmar
for manufacturing of narcotic drug, i.e., Methamphetamine. It is pointed out
that the petitioners have committed abetment and criminal conspiracy in the
manufacturing of narcotic substance and as such punishable under Section
28 of NDPS Act and the provisions of Section 37 of NDPS Act will be
Bail Appln. No. 21 of 2024 & Page 15 of 18
Bail Appln. No. 22 of 2024
attracted in the present case against the petitioners for abetment andcriminal conspiracy.
[34] Learned counsel for the respondents relies on the decision of
Delhi High Court in the case of Asante Pinket Owusu v. NCB:
http://indiankanoon.org/doc/125231 to the point that even if Section 37
NDPS Act is not applicable while considering bail application, the provisions
of Section 436A CrPC stipulating release on bail if the undertrial prisoner
has undergone half of the maximum punishment. It is stressed that the
petitioner have not completed half of the maximum 10 years imprisonment
prescribed by Section 25A/29 NDPS. Hence, the petitioners cannot be
released on bail in view of Section 436A CrPC.
[35] Learned SrPCC further refers to the judgment of Union of India
v. Prateek Shukla: (2021) 5 SCC 430 where Hon’ble Supreme Court set
aside the bail order granted by the High Court at Allahabad for the arrest
made in connection with seizure of huge quantity of controlled substance. It
was held that under NDPS Act, the burden of proof lies on the accused.
[36] Mr. W. Darakeshwar, learned Sr. Panel Counsel also relies on a
decision of Kerala High Court in the case of Kuruthan Ponnalaya & Anr.
V. Senior Intelligence Officer: http://indiankanoon.org/doc/94548220 to
the point that even though Section 37 of NDPS Act is not applicable to the
controlled substance, it does not automatically lead to any conclusion that
the accused is entitled to get bail. The court can refuse bail, if the accused
is likely to flee or will become unavailable to put them to trial or existence of
circumstances justifying negation of bail. It is pointed out that the petitioners,
Bail Appln. No. 21 of 2024 & Page 16 of 18
Bail Appln. No. 22 of 2024
being residents of Gujarat, will most likely be not available during trial, incase of enlarging them on bail. It is submitted that in view of existence of
incriminating materials including seizure of huge quantity of controlled
substance having potential of using in manufacturing of narcotic substance
and likelihood of non-availability before court during trial, it is prayed that the
bail applications be dismissed.
[37] This Court has perused the materials on record, the submissions
made at bar and case laws cited by the parties.
[38] In the present case, the main allegation against the petitioners is
misbranding of controlled substance by putting up fake labels of ordinary
drug and assisting in transporting the same to Myanmar through Manipur.
They are alleged to have facilitated co-accused Abdul Wakil from Manipur
who visited Gujarat to procure the controlled substance. From the record, it
is clear that the petitioners are not just normal employees, but participated
in misbranding of the controlled substance as normal drug. They have also
actively assisted their employer in transporting huge quantity of controlled
substance under concealed identity. It has already been pointed out by
learned SrPCC that this controlled substance can be used for manufacturing
of narcotic substance. Call records indicate numerous callings between the
petitioners and co-accused.
[39] This Court finds substance in the submission of learned Central
Government Counsel that non-applicability of the strict rigors of Section 37
of NDPS Act to the controlled substance, will not make it compulsory bail to
the accused. Keeping in view of seizure of huge quantity of controlled
Bail Appln. No. 21 of 2024 & Page 17 of 18
Bail Appln. No. 22 of 2024
substance which has potential of using in the manufacturing of narcoticsubstance and other incriminating material and likelihood of non-availability
during trial and trans-border operation, this Court is not inclined to grant bail
to the petitioners. Accordingly bail applications are dismissed.
[40] Send a copy of this order to the learned Judge, Special Court,
NDPS, Manipur at Lamphelpat for information.
JUDGE
FR/NFR
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2025.07.24
VICTORIA 16:15:41 +05’30’Bail Appln. No. 21 of 2024 & Page 18 of 18
Bail Appln. No. 22 of 2024
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