Strict adherence to statutory procedures under the NDPS Act is essential; non-compliance can lead to the grant of bail even in serious drug-related offences.

JUDGMENT :

1. Criminal Bail Application No.2254 of 2024 is filed by Accused No.6. Criminal Bail Application No.262 of 2025 is filed by Accused No.4. Criminal Bail Application No.266 of 2025 is filed by Accused No.5. Criminal Bail Application No.4709 of 2024 is filed by Accused No.2.

2. Mr. Khan, learned Advocate represent Accused Nos.4, 5 and 6. Mr. Karmarkar, learned Advocate represent Accused No.2. Since all above four Bail Applications arise out of the same crime, they are heard together and disposed by this common order, though by order dated 12.02.2025, applications of Accused Nos.4, 5 and 6 were tagged together.

3. For convenience, Applicants shall be referred to by their respective nomenclature as Accused in the charge-sheet.

4. Heard Mr. Khan, learned Advocate for Accused Nos.4, 5 and 6, Mr. Karmarkar, learned Advocate for Accused No.2, Mr. Dedhia, learned APP for Respondent No.1 – State and Mr. Karmakar, learned APP for Respondent No.1 – State.

5. Briefly stated, prosecution case is as under:-

5.1. All Four Bail Applications are arising in connection with CR.No.69 of 2023 for offences punishable under Sections 8(c), 21(c), 22(c) and 29 of NDPS Act, [The Narcotic Drugs And Psychotropic Substances Act, 1985.] read with Sections 465, 468, 471 and 473 of IPC, [The Indian Penal Code, 1860.]

5.2. On 01.08.2023, at 23:00 hours in a chance recovery, Accused No.1 was apprehended by prosecution with alleged contraband of 100 bottles of Codeine Phosphate & Chlorpheniramine Malete Syrup 100 ml, DASLIN – CD+’, [Codeine Phosphate & Chlorpheniramine Malete Syrup 100 ml, DASLIN – CD+: A brand of cough syrup packed and sold in configuration of 100 ml containing (5mg/10ml) of ‘Codeine Phosphate’.] containing Codeine Phosphate[Codeine Phosphate: A substance listed at Sr. No. 28 of the Table as per sub-clause (viia) of Section 2 of NDPS Act having ‘small quantity’ as 10 gm and ‘commercial quantity’ as 1 kg.] which is admittedly commercial quantity. On inquiry, he disclosed the name of Accused No.2 as supplier. Prosecution raided house of Accused No.2 on the same night and recovered 42 boxes containing 4200 bottles of the same contraband and 900 tablets of ‘Nitrazepam Tablets – IP Nitravet’,[Nitrazepam Tablets – IP Nitravet: A brand of medicine sold in tablet form, each tablet containing 10 mg of ‘Nitrazepam’, generally used for the Treatment of Insomnia.] containing Nitrazepam[Nitrazepam: A substance listed at Sr. No. 221 of the Table as per sub-clause (viia) of Section 2 of NDPS Act having ‘small quantity’ as 20 gm and ‘commercial quantity’ as 500 gm.] from his possession. Accused No.2 disclosed name of Accused No.3 as supplier of Nitrazepam Tablets and Accused Nos.4 and 5 as suppliers of Codeine Phosphate syrup bottles. Common panchnama qua Accused Nos.1 and 2 was completed at 04:25 hours on 02.08.2023 and thereafter FIR was lodged. Accused Nos.1 and 2 were arrested by following due process of law. However, Mr. Khan has seriously disputed this position which is addressed hereinunder.

5.3. On the following day i.e. on 03.08.2023 at 17:15 hours prosecution intercepted Accused No.3 outside his house and recovered 375 tablets of Alprazolam Tablets IP 0.5 mg’[Alprazolam Tablets IP 0.5 mg: A brand of medicine sold in tablet form, each tablet containing 0.5 gm of ‘Alprazolam’ generally used to treat Anxiety by altering brain activity and providing relief from panic attacks by relieving the nerves.] containing Alprazolam[Alprazolam: A Psychotropic Substance listed at Sr. No. 178 of the Table as per sub-clause (viia) of Section 2 of NDPS Act having ‘small quantity’ as 5 gm and ‘commercial quantity’ as 100 gm.] from his conscious possession which is admittedly intermediate quantity. Prosecution also recovered 530 strips of Combipack of Mifeprostone Tablets IP and Misoprostol Tablets IP CLEAR – KIT’[Misoprostol Tablets IP: A brand of abortifacients sold in tablet form, each strip containing 5 tablets each having 200 mcg of ‘Mifeprostone’ and ‘Misoprostol