Greater Bombay, February 17, 2024 – A Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, presided over by H.H. the Special Judge Shri A.V. Kharkar, today rejected the bail application of two individuals, Maheshwaran Thondappa Rajagopal (69), residing in Chennai, and Michael Onyeka Jude (69), a resident of Navi Mumbai. The duo was apprehended by 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 Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act).

The bail application, BA No. 772 of 2023, was filed in relation to NDPS Remand Application No. 380 of 2023. Advocate Mr. Dilip Mishra represented the applicants/accused, while Special Public Prosecutor (SPP) Mr. Amit Munde appeared on behalf of the DRI/Respondent.

The primary argument put forth by the defense counsel hinged on the initial report from the Forensic Science Laboratory (FSL), which allegedly stated that one sample did not contain cocaine and another tested negative for heroin. However, the court noted that the Narcotics Control Bureau (NCB) had subsequently filed an application, which was allowed by the court, for the retesting of the samples. This order for retesting was challenged in the High Court under Criminal Application No. 1142/23 but was ultimately upheld on October 27, 2023.

Crucially, the second analysis conducted on the samples revealed the presence of Diacetylmorphine, commonly known as heroin.

Considering the findings of the second FSL report, the Special Judge emphasized that the seized contraband was confirmed to be heroin and that the quantity involved was of a commercial scale. Under the NDPS Act, the seizure of a commercial quantity of narcotic substances carries stringent legal implications.

Furthermore, the court addressed the statutory period for filing the charge sheet. As the accused were arrested on March 20, 2023, the 180-day period for filing the charge sheet would have concluded on September 16, 2023. The prosecution successfully filed the charge sheet on September 13, 2023, well within the stipulated timeframe. Consequently, the court ruled that bail could not be granted to the applicants under Section 167 of the Criminal Procedure Code (Cr.P.C.), which pertains to the right to default bail if the charge sheet is not filed within the prescribed period.

In light of the confirmed presence of a commercial quantity of heroin and the timely filing of the charge sheet, H.H. the Special Judge Shri A.V. Kharkar proceeded to reject the bail application.

The official order, dictated and transcribed on February 16, 2024, and signed by the Special Judge on February 17, 2024, formally dismissed Bail Application No. 772 of 2023 in NDPS Remand Application No. 380 of 2023. The order was uploaded to the court records on February 20, 2024.

This order underscores the seriousness with which the Special Court is treating cases involving the seizure of commercial quantities of narcotic substances and highlights the importance of forensic evidence in such matters. The accused will remain in custody pending further legal proceedings.