Mumbai, Maharashtra – Mahendra Kumar Chunnilalji Paliwal, a 48-year-old resident of Rajasthan, has been denied bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act at Greater Bombay. The order, issued on October 10, 2023, by Special Judge (NDPS) Shri A.V. Kharkar (C.R. No. 42), highlighted the nascent stage of the investigation, particularly concerning the digital and financial trails linking Paliwal to a large seizure of Alprazolam tablets.
Paliwal was arrested by officers of the Narcotics Control Bureau (NCB) in connection with F.No. NCB/MZU/CR-14/2023, facing charges under Section 8(c) read with Sections 22(c), 28, and 29 of the NDPS Act, 1985. These sections pertain to the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-state, export inter-state, import into India, export from India or transhipment of narcotic drugs and psychotropic substances, punishment for contravention in relation to psychotropic substances, punishment for attempts to commit offenses, and punishment for abetment and criminal conspiracy, respectively.
The Prosecution’s Case and Accused’s Defense
The NCB’s case, presented by SPP Mrs. Vibhavari Pathak, began on July 2, 2023, with an intelligence report about a suspect, Imtiyaz Kodalkar, travelling by Saurashtra Express with a significant quantity of Alprazolam tablets. Acting on this information, NCB officers intercepted Kodalkar at Dadar Railway Station’s platform no. 6. During his search, a commercial quantity of 25,000 Alprazolam tablets, weighing 5 kilograms, was allegedly recovered.
Upon interrogation, Kodalkar reportedly disclosed that he had sourced these tablets from Mahendra Kumar Chunnilalji Paliwal, and payments were facilitated through PhonePe.
Mr. Mali, the advocate representing Paliwal, argued that no contraband was recovered directly from his client. He contended that Paliwal was arrayed as an accused solely based on the co-accused’s statement, which he argued is inadmissible in law. He further asserted that Paliwal could not be kept in custody without independent evidence of a conspiracy.
Court’s Decision: Investigation Still in Progress
SPP Mrs. Pathak strongly opposed the bail, emphasizing that the investigation was in its “nascent stage.” She informed the court that the NCB officers had seized Paliwal’s mobile phone and sent it for data extraction, which is expected to establish the “money trail” between Kodalkar and Paliwal. She also mentioned that the Investigating Officer, Shri Shinde, was on medical leave, but Intelligence Officer Mohan Rane was present with the case file and provided updates.
The court was apprised that requests had been sent to the mobile operator’s Nodal Officer for Call Data Records (CDRs) of the mobile phones involved and to PhonePe Private Limited for transaction details related to the mobile number 9987200748. The court acknowledged that the digital extraction of Paliwal’s mobile phone was underway.
Considering these circumstances, particularly the ongoing investigation into the digital and financial links, and the recovery of a “huge quantity of contraband,” Judge Kharkar concluded that it would not be appropriate to release Paliwal on bail at this juncture.
The order formally stated:
- Bail Application No. 748 of 2023 stands rejected.
- Bail Application No. 748 of 2023 in NDPS Remand Application No. 909 of 2023 is disposed of.
This decision reflects the judiciary’s approach in NDPS cases, where the potential for deeper conspiratorial involvement and the need for comprehensive investigation, especially concerning digital evidence and financial transactions, often outweigh arguments for bail, particularly when commercial quantities of illicit substances are involved. Paliwal will remain in judicial custody as the NCB continues its investigation to uncover the full extent of the alleged drug network.