BA.No.748/2023
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NDPS.RA.No.909-2023
MHCC020130202023
Presented on
Registered on
Decided on
Duration
: 29-08-2023
: 29-08-2023
: 10-10-2023
: 0 years, 1 months, 12 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.748 OF 2023
IN
NDPS REMAND APPLICATION NO.909 OF 2023
IN
F.NO.NCB/MZU/CR-14/2023
Mahendra Kumar Chunnilalji Paliwal
An adult, Indian Inhabitant, Age-48 years,
Residing at Village & Post-Kumaharo Ka
Vass, Village-Sewari, Dist-Pali, Rajasthan.

.. Applicant/Accused.

VERSUS
Union of India
Through Intelligence Officer,
Narcotics Control Bureau, Mumbai
Zonal Unit.

.. Respondent.

Advocate Mr. Mali for the Applicant/Accused.
SPP Mrs. Vibhavari Pathak for NCB/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 10th October, 2023.

BA.No.748/2023
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NDPS.RA.No.909-2023
ORDER
1.

This is an application for bail by accused Mahendra Kumar
Chunnilalji Paliwal who has been arrested by the officers of Narcotic
Control Bureau (for short, ‘NCB’) in F.No.NCB/MZU/CR-14/2023, for
offence punishable under Section 8(c) read with Sections 22(c), 28 and
29 of the Narcotic Drugs and Psychotropic Substance Act, 1985, (for
short, ‘NDPS Act’).
2.

The case of the prosecution in brief is as follow:
..

On 2.7.2023, the officers of NCB received information that a
person by name Imtiyaz Kodalkar would be travelling by Saurashtra
Express, which was scheduled to be arrived on platform no.6 of Dadar
Railway Station on the same day between 18.45 to 19.30 hours. The
suspect was supposed to be carrying substantial quantity of Alprazolam
tablets. The information was reduced into writing and communicated
to the Superior Officers. The officers of NCB acting on the direction of
Superior officers mounted surveillance and intercepted the accused
Imtiyaz. He was searched. During his search, commercial quantity of
Alprazolam tablets (25000 tablets) weighing 5 kgs. were recovered.
The accused was arrested and interrogated. During his interrogation,
he disclosed that he had sourced the tablets from the present applicant
and payments were sent to the applicant through PhonePe.
3.

The counsel for the accused has submitted that admittedly no
contraband was recovered from the applicant. He has been arrayed as
an accused only on the basis of the statement of the co-accused, which
is inadmissible in the eyes of law and the accused cannot be kept in
custody without there being any independent evidence of conspiracy.

BA.No.748/2023
4.

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NDPS.RA.No.909-2023
SPP appearing for NCB has submitted that the investigation is in
a nascent stage. The officers of NCB have seized the mobile phone and
they have been sent for extraction of data. The mobile phone would
establish the money trail between the arrested accused and the
applicant. The Investigating Officer Shri Shinde is reported to be on
medical leave. Intelligence Officer Mohan Rane from NCB is present
with the case file. He has pointed out that the Nodal Officer of the
mobile operator has been requested to make available the CDRs of the
mobile phone. So also they have sent request to the PhonePe Private
Limited for providing the information about the transactions made
from the mobile number 9987200748. Similarly call data record of the
mobile phone of the accused is awaited. The documents on record
shows that the mobile phone of the present applicant is sent for digital
extractions.

Considering these circumstances it is evident that the
matter is under investigation.

Huge quantity of contraband is
recovered. In such case it would not be appropriate to release the
applicant on bail. Hence, the following order is passed:
Order
1.

Bail Application No.748 of 2023 stands rejected.

2.

Bail Application No.748 of 2023 in NDPS Remand Application
No.909 of 2023 is disposed of.
AMIT V
KHARKAR
Date : 10.10.2023
Dictated on
: 10.10.2023
Transcribed on : 13.10.2023
HHJ signed on : 13.10.2023
Digitally signed
by AMIT V
KHARKAR
Date:
2023.10.13
16:40:17 +0530
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

BA.No.748/2023
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NDPS.RA.No.909-2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13.10.2023/4.39 p.m.
UPLOAD DATE AND TIME
(Mrs. Pradnya S. Naik)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 10.10.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
13.10.2023
JUDGMENT/ORDER uploaded on
13.10.2023