NDPS BA No.920/2023
..1..

in NDPS RA No.1024/2023
MHCC020156222023
Presented on
: 16-10-2023
Registered on : 16-10-2023
Decided on
: 23-11-2023
Duration
: 01 M, 07 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.920 OF 2023
IN
NDPS REMAND APPLICATION NO. 1024 OF 2023
Vinod Rambachan Prajapati
Aged : 35 years, Occ: R/at : R1/11, RNA Plaza, Rammandir
Road, Near Ram Mandir, Oshiwara,
Goregaon (West), Mumbai 400 095.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of ANC Azad Maidan )
Unit, Mumbai, vide C.R. No.69/2023). ) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Sunny Chettiar, for the applicant/accused.
Ld. APP Mr. Rajput, for the respondent/prosecution.

NDPS BA No.920/2023
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in NDPS RA No.1024/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 23/11/2023
ORAL ORDER
This is an application taken out by applicant/accused Vinod
Rambachan Prajapati under section 439 of Code of Criminal Procedure
for enlarging him on bail in C.R. No.69/2023 registered at ANC Azad
Maidan, Mumbai for the offences punishable under section 8(c) r/w
section 21(c) section 22(c) and section 29 of Narcotic Drug and
Psychotropic Substances Act, 1985 (hereinafter referred as “NDPS Act”)
and for the offence punishable under sections 465, 468, 471 and 473 of
the Indian Penal Code (here-in-after referred as “IPC”).
2.

Perused the application, documents filed therewith, say of
the learned APP and material on record. Heard, arguments advanced by
learned Advocate for applicant/accused and learned APP.
3.

Learned Advocate for applicant/accused submitted that,
this is the first bail application taken out by the applicant/accused and
no other bail application of the applicant/accused is pending in any
higher Court in respect of the above C.R. No.69/2023. Learned
Advocate for applicant/accused argued that, as per the prosecution
case, 4300 bottles of Codeine Phosphate & Chlorpheniramine Maleate
syrup of 100 ml DASLIN CD+ were recovered from the possession of
the co-accused No.1 Umar Nadeem Mohamed Madni Siddiqui and the
co-accused No.2 had disclosed that, said bottles were supplied to him by
co-accused Nos.4 and present applicant/accused. On the statement of
the co-accused the applicant/accused was arrested for the offence
NDPS BA No.920/2023
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in NDPS RA No.1024/2023
punishable under section 8(c) r/w section 21(c) section 22(c) and
section 29 of the NDPS Act and offence punishable under sections 465,
468, 471 and 473 of the IPC. Nothing is recovered from the
applicant/accused. There is no positive evidence/material on record
which indicates nexus between the applicant/accused and the coaccused or other co-accused. Applicant/accused is resident of Mumbai
and he is ready to abide all terms and conditions which the court may
impose. Therefore, Ld. Advocate for the applicant/accused prayed that,
applicant/accused be released on bail.
4.

On the other hand, Ld. APP argued that, commercial
quantity of contraband was recovered from the co-accused No.1. Coaccused No.1 disclosed that, he procured the same from the co-accused
No.2 and from the co-accused No.2, 4200 bottles of Codeine Phosphate
& Chlorpheniramine Maleate syrup of 100 ml DASLIN CD+ and 900
tablets of Nitrazepam Tablets IP Nitravet-10 were recovered. Co-accused
No.2 Kunjal Bhagwan Viswakarma disclosed that, he had procured the
said contraband from the co-accused No.4 Sandeep Prajapati and in the
investigation it revealed that, applicant/accused in collusion with the
co-accused No.4 had prepared forged stamp of the doctors and they
used to prepare the demand letter for obtaining the above bottles of
Codeine Phosphate & Chlorpheniramine Maleate syrup of 100 ml
DASLIN CD+ from In Life Distributor Private Limited and 16 forged
stamps
of
doctors
were
recovered
from
the
house
of
the
applicant/accused. There is positive material of conspiracy between
applicant/accused and the co-accused and the involvement of the
applicant/accused in the drug trafficking. There is positive material
which indicates nexus between the applicant/accused and the coaccused No.4 and other accused. The applicant/accused is drug peddler
NDPS BA No.920/2023
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in NDPS RA No.1024/2023
and if the applicant/accused is released on bail at this stage, then
investigation may be hampered. Therefore, Ld. APP submitted that
application be rejected.
5.

From
the
matter
on
record,
it
appears
that,
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 21(c) section 22(c) and section 29 of
NDPS Act, 1985 and punishable under sections 465, 468, 471 and 473
of the IPC. The punishment provided for the offence may extend upto
20 years imprisonment and also fine which may extend upto One Lakh
rupees. The quantity of contraband recovered from the co-accused
Nos.1 and 2 is commercial quantity. From prima facie appreciation of
material on record, it reveals that, the applicant/accused is a drug
peddler and involved in the sale of the contraband. Moreover, from
prima facie appreciation of the material on record it appears that,
applicant/accused and the co-accused No.4 used to prepare forged
demand letters of the doctors for getting the contraband. Therefore,
prima facie there appear positive material on record to show that,
applicant/accused and co-accused No.4 and the other accused have
nexus and they had hatched conspiracy. Therefore, considering the
matter on record prima facie there appear no substance in the
contention of the applicant/accused that, there is no positive material
on record to show that, applicant/accused and the co-accused No.1 and
4 have any nexus and they have not hatched any conspiracy.
6.

Admittedly, till date investigation in respect of the
applicant/accused is not completed. There is no material on record so
as to doubt genuineness of the prosecution case.

Considering the
nature
release
of
offence
the
possibility
that,
after
of
the
NDPS BA No.920/2023
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in NDPS RA No.1024/2023
applicant/accused, the applicant/accused may tamper the prosecution
witnesses or influence the witnesses or may involve in commission of
such offences cannot be ruled out at this stage. Moreover, considering
the quantity of the contraband seized and the facts of the case free, fair
and full investigation of the present crime is likely to be prejudiced and
investigation is likely to be hampered if the applicant/accused is
released at this stage. The quantity recovered in the crime is commercial
quantity. Therefore, rigours of section 37 of NDPS Act are applicable.
Therefore, at this stage there appear necessity for the further detention
of the applicant/accused for facilitating further investigation.
7.

Moreover, from the accusations against applicant/accused
and prima facie appreciation of the material on record it appears that,
the applicant/accused has played active role. The offence alleged to be
committed by the applicant/accused is of heinous nature. Investigation
carried out till date suggest that, applicant/accused is involved in the
drug peddling and having nexus with the co-accused. At this stage high
degree of evidence is also not required to establish the conspiracy. At
this stage prima facie applicant/accused also failed to demonstrate that,
he is not involved in the crime.
8.

Considering the above facts and discussion and prima facie
appreciation of the material on record release of the applicant/accused
at this stage is likely to be prejudicial to the interest of the society at
large. Liberal approach in grant of bail in such kind of offences under
NDPS Act is also uncalled.
9.

On prima facie appreciation of the material on record and
considering the nature of the offence, gravity of the offence and fact
NDPS BA No.920/2023
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in NDPS RA No.1024/2023
that, investigation is yet to be completed there appear no justifiable
grounds for releasing applicant/accused on bail at this stage. As such
the present application is liable to be rejected. Hence, the following
order.
ORDER
1.

NDPS Bail Application No.920/2023 of applicant/accused Vinod
Rambachan Prajapati in C.R. No.69/2023 in NDPS RA
No.1024/2023, is rejected.

2.

NDPS Bail Application No.920/2023 is disposed of accordingly.
(Pronounced in open Court)
Digitally signed
by KIRAN
PRAKASH
KIRAN
KSHIRSAGAR
PRAKASH
KSHIRSAGAR Date:
2023.11.29
11:49:14 +0530
Date : 23/11/2023.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
23/11/2023
Transcribed on
:
23/11/2023
Checked on
:
23/11/2023
Signed on
:
24/11/2023
NDPS BA No.920/2023
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in NDPS RA No.1024/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
29.11.2023
TIME
NAME OF STENOGRAPHER
11.47 a.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

23/11/2023
Judgment/order signed by P.O
on
24/11/2023
Judgment/order uploaded on
29/11/2023