BA 793.23
1
MHCC020136852023
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
NDPS BAIL APPLICATION NO. 793/2023
IN
C. R. NO. 55 OF 2023
Rahul Anil Jaiswal
Age : 23 years,
R/o : Jagruti Nagar, Tulsipur,
Thane – Maduadeeh, Varansi, U.P.
V/s.
The State of Maharashtra
(ANC, Ghatkopar Unit)
… Applicant/accused no.4
… Respondent
Appearance :Mr. H. R. Sharma, Adv. for applicant.
Mr. Shankar Erande, APP for respondent/State.
CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
25.01.2024
ORDER
The applicant, Rahul Anil Jaiswal, has filed the present
application under Section 439 of the Code of Criminal Procedure, 1973
for the grant of regular bail in relation to Crime No. 55/2023 registered
under Sections 8© read with 22(b) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 with the ANC, Ghatkopar Unit,
Mumbai.

BA 793.23
2.

2
In brief, the applicant claims that he is innocent and has
been falsely implicated in this case. The applicant is a less educated
person and has no knowledge of how the company Weldon Pharma was
opened in his name and how the amount was illegally deposited in his
account. The applicant has not withdrawn the said amount. The
applicant is a tea and water bottle vendor in the vicinity of Banaras
Railway Station. Sanjay Singh was arrested by the police and later
released for reasons best known to them. The applicant has never been
involved in the business of syrup. Sanjay Singh obtained the signature
of the applicant on the pretext of opening a bank account. Therefore,
the applicant signed the form. The alleged 284 syrup bottles were
seized from accused no.1 and 2. The total codeine contained in the said
bottles is 140 grams, which is much less than the commercial quantity.
The applicant has been in jail since 22.06.2023. The investigation is
completed. The applicant has a permanent place of residence. He is
ready to furnish surety and comply with the conditions of the bail
bond. Hence, he prays for the application may be allowed.
3.

The Investigating Officer has objected to this application
by filing a reply at Exhibit 2. He contends that accused no.1 and 2 were
found in possession of 570 PHENSIREST cough syrup bottles
containing Codeine Phosphate, a narcotic contraband substance.
During interrogation, accused no.1 admitted that he had purchased 40
more boxes containing 5760 Codeine cough syrup bottles. The said
bottles were seized accordingly. It transpired that accused no.1 had
been depositing money in the bank account of the applicant/accused,
who had an account in the Bank of Baroda, Varanasi. Therefore, the
applicant was arrested. The applicant gave a confessional statement
that he had committed the crime in association with one Anil
Kailasnath Chaurasia. The statement of witness Rajeshkumar Ramji
Jaiswal corroborated the commission of offence by the applicant in
association with Anil Chaurasia. Anil Chaurasia was arrested
BA 793.23
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accordingly. As such, the applicant, accused no. 3, and accused no.4
were arrested. The applicant was dealing with the contraband article
without any valid license or permit and supplied it to accused no.1 and
2. Accused no.3 and 4 had sent money to M/s. Knox Pharmaceuticals,
Delhi. It transpired that accused no.3 was running a racket of supplying
illegal Codeine cough syrup bottles. The CDR details revealed that
accused no.1 to 4 were in contact with each other. If the applicant is
released on bail, he may abscond. The applicant had obtained a
pharmaceutical license illegally for the illegal sale of Codeine cough
syrup bottles. If the applicant is released on bail, he may abscond,
tamper with the prosecution evidence and pressurise the witnesses.
Therefore, the bail application should be rejected.
4.

The learned counsel, Mr. H. R. Sharma, for the applicant
argued that the applicant has not committed any crime and has been
falsely implicated in the case. Nothing has been recovered from the
applicant or at his instance. The only evidence against the applicant is
that accused no.1 deposited money in the account of Weldon Pharma
which is in the name of the applicant. The applicant is a poor and less
educated person. He does not know anything about the business of the
pharmaceutical company. He had been duped by one Sanjay Singh who
had obtained the applicant’s signatures on blank papers. Therefore, the
applicant may be released on bail. He is ready to comply with the
conditions of the bail bond and furnish the surety as directed by the
Court. The learned counsel relied on the rulings of the Hon’ble Jammu
& Kashmir High Court in Vishal Joshi vs. State of Jammu & Kashmir
and Deepak Gupta & Ors. vs. U.T. of J & K and another and submitted
that the applicant may be released on bail.
5.

On the other hand, the learned APP Mr. Shankar Erande
submitted that the offence is very serious. A huge quantity of the
contraband has been recovered. The applicant is found to be an illegal
BA 793.23
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supplier of codeine cough syrup. The quantity involved in the present
crime is commercial quantity. The rigors of sec. 37 of the NDPS Act
applicable to the present case. Therefore, the applicant is not entitled to
bail. If the applicant is released on bail, he may commit a similar crime
while on bail. It has been revealed in the investigation that accused
no.1 has transferred the sale price of the bottles to the bank account of
Weldon Pharma of the applicant and from Weldon Pharma, the money
has been transferred to M/s. Knox Pharmaceuticals, Delhi and from
M/s. Knox Pharmaceuticals, Delhi, it is transferred to Smilex Health
Care Pvt. Ltd. Therefore, there is ample evidence against the applicant.
Hence the application may be rejected.
6.

Considering the submissions from both sides and the fact
that it is not disputed that applicant is Director of Weldon Pharma in
whose account the amount has been deposited by accused no.1 from
whom huge quantity of contraband has been seized by police, it cannot
be said at this stage that the applicant has no connection with alleged
crime. Obviously, the quantity is huge and commercial. Therefore, the
rigors of sec. 37 would apply. It cannot be said that the applicant will
not commit like offence, if released on bail. Therefore, in my opinion,
the instant application is liable to be rejected. Hence, following order.
ORDER
1. Bail Application No. 793/2023 stands rejected.
2. Application is disposed off.

Date : 25.01.2024
Dictated on
Transcribed on
Checked on
Signed on
: 25.01.2024
: 29.01.2024
: 29.01.2024
: 30.01.2024
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
BA 793.23
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
31.01.2024
TIME
NAME OF STENOGRAPHER
05.00 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
25.01.2024
Judgment/order uploaded on
31.01.2024
30.01.2024