Mumbai, Maharashtra – Maheshwaran Thondappa Rajagopal (69) of Chennai and Michael Onyeka Jude (69) of Navi Mumbai have been denied bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act. The order, issued on February 16, 2024, by Special Judge (NDPS) Shri A.V. Kharkar (C.R. No. 42), followed a retesting of seized samples that confirmed the presence of commercial quantities of heroin.
The two applicants were arrested by officers of the Directorate of Revenue Intelligence (DRI) on March 20, 2023, in connection with F.No. DRI/MZU/NS-II/INT-42 of 2023, for alleged violations of the NDPS Act, 1985.
Initial Tests and Subsequent Retesting
The core of the applicants’ bail plea, presented by Advocate Mr. Dilip Mishra, rested on the initial Forensic Science Laboratory (FSL) reports. These reports reportedly indicated that the first sample did not contain cocaine, and a second parcel’s sample tested negative for heroin. This initial finding was a significant point of contention in their favor.
However, the prosecution, represented by SPP Mr. Amit Munde for the DRI, had successfully moved an application for retesting the samples. This application was granted by the lower court and upheld by the Bombay High Court in Criminal Application No. 1142/23, which was disposed of on October 27, 2023. The High Court’s decision allowed for a second analysis of the seized substances.
Retesting Confirms Heroin, Foiling Bail Plea
The second analysis proved to be a critical turning point. Judge Kharkar’s order highlighted that the retesting confirmed the presence of Diacetylmorphine, commonly known as heroin.
With this confirmation, the court determined that the seized contraband was indeed heroin, and its quantity constituted a commercial quantity under the NDPS Act. This classification automatically triggered the stringent provisions of Section 37 of the NDPS Act, which places a high bar for granting bail.
Furthermore, the court noted that the accused were arrested on March 20, 2023, and the charge sheet was filed on September 13, 2023. This timeline confirmed that the charge sheet was filed within the statutory period of 180 days required under Section 167 of the Code of Criminal Procedure (Cr.P.C.) for offenses involving commercial quantities of contraband.
Bail Application Rejected
Given these findings—the confirmation of commercial quantity heroin and the timely filing of the charge sheet—the court concluded that bail could not be granted under Section 167 of the Cr.P.C.
The order formally stated:
- Bail Application No. 772 of 2023 in NDPS Remand Application No. 380 of 2023 stands rejected.
- Bail Application No. 772 of 2023 in NDPS Remand Application No. 380 of 2023 is accordingly disposed of.
This ruling underscores the significant impact of forensic evidence in drug-related cases and the stringent legal framework governing bail for offenses involving commercial quantities of narcotic substances. Both Maheshwaran Thondappa Rajagopal and Michael Onyeka Jude will remain in judicial custody as the case proceeds.