ORDER :

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with NCB case being F.No.NCB/AZU/CR- 10/2021 lodged before the NCB Police Station, for offences punishable under sections 8(c), 22(c), 27A, 28, 29, 35, 54(c) and 54(d) of the Narcotics Drugs and Psychotropic Substance Act, 1985.

2. Mr. Bomi H.Sethna, learned advocate for the applicant submitted that no contraband article was either recovered or discovered at the instance of the applicant. Referring to the fact of the case, Mr. Sethna stated that the secrete information was received on the basis of which a search was conducted and accused no.1 – Sonu Ramnivas and accused no.2 – Prakash Ramanbhai Patel were found with contraband article Mephedrone, which was shown in the quantity of 4.550 kgs. and such Mephedrone was found at Ken Plaza, Flat No.B-101, Damani Jhapa, Dungri Faliys, Pardi, Valsad. Mr. Sethna stated that as per charge, information was received on 02.08.2021 and the team had raided the place on 03.08.2021, under information that Prakash Ramanbhai Patel was going to deliver Mephedrone to Sonu Ramnivas. The team accompanying with Panchas entered Ken Plaza, Flat No.B-101, and when the leader of the raiding team enquired from Prakash Ramanbhai Patel, he states that he had come to deliver illegal drugs Mephedrone to Sonu Ramnivas, which was kept in blue colour backpack bag and on opening the bag a transparent polythene packet was found and on opening of the transparent polythene, they found white colour crystal substance and by electronic weighing machine brought by NCB team, the weight was noted as 4.550 kg. The substance was believed to be Mephedrone which had some moisture content.

2.1 Mr. Sethna submitted that some papers seized from blue colour bag of Prakash Ramanbhai Patel were GST Registration Certificate of Prakash Ramanbhai Patel with the trade name Shree Enterprises, Tax Invoices and purchase bills of certain Chemical Companies, two bank deposit slips in the name of Prakash Ramanbhai Patel, computerized weighing slips of weigh bridge, one photocopy of tax invoice for purchase of Hero Pleasure, and one photocopy of TATA AIG insurance certificate-cum-policy.

2.2 Mr. Sethna submits that as per the complaint, Sonu Ramnivas informed the team that he had brought money to purchase Mephedrone from Prakash Patel and a zip bag with inscription of “Vallabh Jewellers Mumbai” was opened in front of panch witnesses and the currency notes of different denomination were found amounting to Rs.24,95,800/-, and further it has been noted that Sonu Ramnivas gave a black colour hanging bag which had “SPYKAR” mark on it. The said bag was opened in front of panchas, wherein four red colour diaries, three notebooks and one long notebook were found and in inquiry, it was informed by Sonu that it was in connection with the accounting of illegal drugs. The process of search of the said house was done by the team. Mr. Sethna submits that during that process, no illegal or suspicious object was found other than the drugs, money and papers as noted.

2.3 Mr. Sethna submits that the present applicant has been arraigned as an accused alleging that it was on the statement of Sonu, who was summoned under section 67 of the NDPS Act, who stated that he had been procuring Mephedrone from the present applicant and Prakash Ramanbhai Patel since June, 2020 on the direction received from Mohan Paliwal.

2.4 Mr. Sethna referring to the complaint submits that the present applicant was apprehended from A.U. Bank premises at Vapi, where he was serving. Referring to the statement of bank account of the applicant which is of AU Small Finance Bank Ltd., Vapi Branch, Mr. Sethna submits that continuous transactions shows that, the applicant was drawing salary from the Bank and except two transactions i.e. dated 29.06.2021, which is an RTGS transaction with Priti Singh of same AU Small Finance Bank Ltd., while the another entry of 29.07.2021