Background
On December 13, 2018, the Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) Cases, Greater Bombay, delivered a significant order in NDPS Bail Application No. 877/2018. The bail application was filed by Manishkumar Rajnath Kushwah, the main accused in a high-profile contraband case registered in Mumbai under the NDPS Act. The matter was heard by Shri V.V. Vidwans, Special Judge & Additional Sessions Judge (Court Room 42), City Civil & Sessions Court, Gr. Bombay.
Arrest and Recovery
- Date of Arrest: November 15, 2018
- Arresting Agency: DCB CID Unit 12, Mumbai
- Incident: While on routine patrol around 4 p.m., police noticed an auto-rickshaw (MH 47AX 8320) behaving suspiciously and accompanied by two individuals. Suspicion arose over a white gunny bag inside the rickshaw.
- Search and Seizure: On questioning and in the presence of panch witnesses, the police discovered:
- 300 bottles of codeine-based cough syrup in the rickshaw
- Boxes containing Prozolam (0.5mg Alprazolam) tablets
- Subsequent searches at a residence in Dewaji Kamble Chawl, Dahisar (East), led to the seizure of:
- 340 bottles and 350 bottles of Rexo (codeine syrup) in two gunny bags
- 110 bottles of Rexofree in a third bag
Total Seizure:
- 1,100 bottles of codeine-based syrups (Rexo and Rexofree)
- Multiple packets of tablets containing Alprazolam:
- 1,600 Prozolam tablets
- 600 Alpracam tablets
- 375 Prozolam tablets
- 100 Alko tablets
Prosecution and Defence Arguments
Defence
- Representation: Advocate Mr. Dilip Mishra argued for the accused.
- Key Contentions:
- The accused had been falsely implicated.
- The quantity of codeine phosphate (according to seizure and remand papers) was 220 grams—classified as non-commercial quantity under the NDPS Act.
- The total Alprazolam recovered (from all 2,675 tablets) amounted to just under 1.3 grams.
- Section 37 provisions of the NDPS Act (which restrict bail in commercial quantity cases) did not apply.
- The accused had local and permanent addresses and was willing to comply with all bail conditions.
Prosecution
- Representation: APP Mr. P. S. Tawade for the State of Maharashtra.
- Key Contentions:
- The seized contraband was of a substantial quantity and, if aggregated, amounted to a commercial quantity, invoking stringent bail conditions under Section 37.
- The investigation was ongoing and chemical analysis reports were awaited, making it premature to determine exact quantities.
- Cited the rise in illicit sales of codeine and Alprazolam, which harm society.
- Argued risk of absconding as the accused’s permanent residence was outside Mumbai.
Observations of the Special Judge
Judge V.V. Vidwans noted:
- As per established legal precedent (Bombay High Court), at the bail stage, the individual quantity recovered from each accused must be considered, not the aggregate quantity from all accused.
- In this case, the recovered quantity was below the commercial threshold.
- Since exact chemical analysis was still pending, it was unclear whether the seized items actually constituted a commercial quantity.
- The court emphasized the seriousness of the offences but found that bail could be considered under the court’s discretionary powers given the facts and law.
Bail Order
The court allowed the application, laying down detailed conditions for release:
| Condition | Detail |
|---|---|
| Bail Amount | Personal Bond of ₹75,000 with one or two sureties (one must be local) |
| Regular Attendance | Attend DCB CID Unit 12 office on 1st and 3rd Saturday monthly until charge sheet filed |
| Non-Interference | Not to tamper with prosecution witnesses or evidence |
| Proof Requirements | Furnish identity and Mumbai residence proof; provide contact details of two local relatives/friends |
| Restriction on Offences | Not to commit similar offence while out on bail |
| Risk of Violation | Breach would result in cancellation of bail |
Legal Significance
This order highlights the judiciary’s nuanced approach in weighing:
- The actual quantity of seized contraband attributed to the individual accused
- The status of the investigation and unavailability of confirmatory chemical analysis at bail stage
- The proportional application of stringent NDPS Act provisions, protecting individual rights even in serious cases
Current Status
As of the date of pronouncement (December 13, 2018), Manishkumar Rajnath Kushwah was granted bail. The court’s order was formally signed on December 14, 2018, and uploaded later that same day.
This detailed recount aims to offer clarity on the proceedings, legal rationale, and broader implications of the bail order issued by the NDPS Court in Mumbai in the high-profile case of Manishkumar Rajnath Kushwah v. State of Maharashtra.