NDPS BA.No.772/2023
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NDPS.RA.No.380/2023
MHCC020133272023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.772 OF 2023
IN
NDPS REMAND APPLICATION NO.380 OF 2023
1. Maheshwaran Thondappa Rajagopal
Age : 69 years,
R/at : 112, Poonamalle High Road,
Purasawakam, Chennai,
Tamil Nadu 600 084.
2. Michael Onyeka Jude
Age : 69 years
R/a : Flat 609, C-Wing,
Siddhivinayak Homes,
Sector 19, Ulwe,
Navi Mumbai.

.. Applicants/Accused
VERSUS
Directorate of Revenu Intelligence
(Through Anti Narcotics Cell, Bandra Unit,
vide F.No.DRI/MZU/NS-II/INT-42 of 2023)
.. Respondent
Advocate Mr. Dilip Mishra for the Applicants/Accused.
SPP Mr. Amit Munde for the DRI/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 16th February, 2024
NDPS BA.No.772/2023
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NDPS.RA.No.380/2023
ORDER
1.

This is an application for bail by the applicants/accused
Maheshwaran Thondappa Rajagopal and Michael Onyeka Jude who
have been arrested by the officers of the DRI on 20/03/2023 in
F.No.DRI/MZU/NS-II/INT-42 of 2023 for violation of the provisions of
the Narcotic Drugs and Psychotropic Substance Act, 1985, (for short,
‘NDPS Act’).
2.

Heard counsel for accused and SPP.

3.

The mainstay of applicants is that the first report of FSL is
that the sample was reported not containing cocaine and that the
second parcel whose sample tested negative for heroin.
4.

this court.

The NCB has made an application which was allowed by
The order was impugned in High Court in Criminal
Application no.1142/23. It was disposed of on 27/10/2023 and the
order for sending samples for retesting was upheld.

In the second
analysis, Diacetylmorphine was detected.
5.

Considering the second report, the seized contraband is
Heroin and the seized quantity is a commercial quantity, the charge
sheet ought to be filed within 180 days. The accused were arrested on
20/03/2023. Charge sheet was filed on 13/09/2023. The charge sheet
was filed within 180 days. Hence, bail cannot be granted under section
167 of Cr.P.C. Accordingly, the following order is passed :
NDPS BA.No.772/2023
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NDPS.RA.No.380/2023
ORDER
1. Bail Application No.772 of 2023 in NDPS Remand Application
No.380 of 2023 stands rejected.
2. Bail Application No.772 of 2023 in NDPS Remand Application
No.380 of 2023 is accordingly disposed off.

Date : 16/02/2024
Dictated on
: 16/02/2024
Transcribed on : 16/02/2024
HHJ signed on : 17/02/2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

NDPS BA.No.772/2023
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NDPS.RA.No.380/2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer
Name of the Judge
: Mrs. Varsha D. Chowdhri
HHJ Shri A. V. Kharkar (C.R.No.42)
Date of Pronouncement of Order 16th February, 2024
Order signed by P.O. on
17th February, 2024
Order uploaded on
20th February, 2024