IMPORTANT POINTS
(1) Parameters of bail are narrow under Section 37 of NDPS Act.
(2) Bail – Statutory restrictions in the matter of grant of bail melt down in face of unreasonably long period of incarceration.

JUDGMENT

The Applicant seeks his release on bail in connection with FIR No.25 of 2022 dated 29th March 2022 registered with the Anti Narcotic Cell (ANC), Worli Unit, Mumbai for the offences punishable under Sections 8(c), 22(c), 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (‘NDPS Act’ for short).

2. The Applicant was arrested on 20th December, 2023. The Bail Application is preferred primarily on the ground of long incarceration of the Applicant without a real prospect of the conclusion of the trial in NDPS Special Case No. 1219 of 2022 arising out of C.R. No. 25 of 2022.

3. The Applicant is in custody for about 2 years. The Applicant asserts that the matter was listed for framing of charges on 10th November 2025, however, till date, charges are not framed. Therefore, the Applicant deserves to be enlarged on bail.

4. The Applicant has referred to a decision of the Supreme Court in the matter of a co-accused, who is released on bail on the ground of long incarceration. Mr. Rizwan Merchant, learned counsel appearing for the Applicant thus, submits that on the ground of parity, the Applicant also deserves to be enlarged on bail.

5. The facts in brief of the present matter are that:-

5.1 Initially an FIR No.25 of 2022 was registered by the ANC, Worli Unit, Crime Branch, Mumbai on 29th March 2022 for the offences alleged as above. There are in all 12 accused persons. In the course of the investigation, it was revealed that the Accused No.7, one, Mr. Ramendrakumar Dixit was primarily responsible for manufacturing the contraband in a factory of a firm called Infinity Research and Development. The firm was owned by the Applicant and was located at Ankleshwar, Gujarat. The Applicant was the licensee of the said firm, the same being issued in his name by the Directorate of Industrial Safety and Health of the State of Gujarat. The license was valid for the period from 1st June 2021 up to 31st December 2025.

6. On completion of investigation, the final report under Section 173 of the Code of Criminal Procedure, 1973 was filed before the Sessions Court, Mumbai as Special Case No.1219 of 2022. When the Ankleshwar Police visited the factory premises on 16th August 2022, a large quantity of contraband goods was seized from the premises. Accordingly, the Applicant and the Co-accused were arrested on various dates. There was an issue raised by the Applicant before the Gujarat High Court in respect of a challenge to the application seeking discharge from the case rejected by the Additional Sessions Judge, Ankleshwar. Essentially, the Applicant had sought revision of the order rejecting his discharge on the ground of non-maintainability of 2 FIRs pertaining to the same offence. The Gujarat High Court by its order dated 15th July 2024 held that the second FIR at Ankleshwar Police Station, pertaining to the same incident merged with the FIR registered at ANC, Worli Unit, Crime Branch, Mumbai. The Revision Application was rejected by the Gujarat High Court.

7. The Applicant then made an application before the Special Judge (NDPS), Greater Mumbai, seeking bail. However, by an order dated 16th December 2024, the Special Judge rejected the said application. Hence, the Applicant is before this Court for the reliefs as prayed.

8. Mr. Merchant, in defense of the Applicant, submits that the Applicant was not at all concerned nor connected with the offence. He submits that although license of the firm was issued in the name of the Applicant as also the premises of the firm belonged to the Applicant, the Applicant was not in charge of the day-to-day affairs of the manufacturing activity of the firm, and he visited the firm premises only once in 10 days. Hence, according to Mr. Merchant, the Applicant was absolutely oblivious to the details of the manufacturing activity in the factory. Mr. Merchant draws my attention to the statements of various witnesses including the statement of the employees of the firm namely, Deepak Kundan