2026:BHC-AS:2911 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3598 OF 2024 Vijay Voleti …Applicant V/s.

Union of India and Anr. ...Respondents.

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Mr. Taraq Sayed a/w. Adv. Anish Pereira, Adv. Ashwinii Achari and Adv. Aryan Kotwal for the Applicant.

Mrs. Aruna Pai, Spl.P.P. for the Respondent/UOI. Mr.P.H. Gaikwad, APP for the Respondent/State.

PSI Vicky, IO NCB, MZU is present.

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CORAM : N.R. BORKAR, J.

DATE : 07.01.2026.

P.C. :

1. This is an application for anticipatory bail.

2. The applicant is apprehending his arrest in connection with F.No. NCB/MZU/CR-17/2024 registered by the Narcotics Control Bureau, Mumbai Zonal Unit, Mumbai (for short “NCB, Mumbai”) for the offences punishable under Sections 8(c) r/w. 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”)

3. On 18^th July 2024, approximately 5 kgs of Mephedrone was seized from the office of Orange Tours and Travels at Sion (E). In connection to the said seizure, co-accused Shahnawaz Mohammad Shahjada Shaikh was apprehended and his statement under Section 67 of the NDPS Act was recorded. As per his statement, the involvement of the present applicant and other co-accused was revealed. The applicant is the Managing Director of Vagdevi Innoscience Pvt. Ltd., Hyderabad and is allegedly involved in the supply of contraband. Thereafter, on the very same day, the factory premises of the present applicant was searched, however, no incriminating material was recovered during the search and accordingly, the panchanama was drawn.

4. During the course of investigation, the statement of another co-accused Sudeshan Kurup came to be recorded, wherein he has stated that while he was in judicial custody for another crime, he met co-accused Nadeem Shaikh and informed him that the present applicant supplies Mephedrone for the purpose of sale. Subsequently, upon securing bail, co-accused Nadeem Shaikh along with co-accused Shahnawaj Shaikh, acquired a consignment of 3 kgs of Mephedrone worth Rs.10 Lakhs and later acquired more 5 kgs of Mephedrone worth Rs.15 Lakhs from the present applicant at Hyderabad. After completion of the investigation, the respondent No.1-NCB, Mumbai has filed a complaint case against the present applicant and other co-accused. Subsequent to the filing of the complaint, the applicant came to be arrested in another crime of similar nature.

5. I have heard the learned counsel appearing for the applicant and the learned Special P.P. for the respondent No.1-NCB, Mumbai.

6. Learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that after apprehending co-accused Shahnawaj Shaikh, his statement was recorded. It is submitted that there was no reference of the present applicant in that statement, however, search was carried out at the factory premises of the present applicant and no incriminating material was found. It is submitted that the applicant was interrogated and was allowed to go. Learned counsel for the applicant submits that even after recording the statement of co- accused Sudeshan Kurup, no steps were taken to arrest the present applicant and the respondent No.1-NCB, Mumbai thought it fit to file a complaint case against the present applicant and other co-accused. It is submitted that now there arises no need of custodial interrogation of the applicant just because he came to be arrested in another crime. Learned counsel for the applicant submits that this Court has already protected the applicant from arrest by order dated 31^st December 2024.

7. On the other hand, learned Special P.P. for the respondent No.1-NCB, Mumbai submits that the applicant is involved in a serious offence under the provisions of NDPS Act. It is submitted that commercial quantity of 5 Kgs of Mephedrone was found in possession of the co-accused Shahnawaj Shaikh. It is submitted that thus rigors of Section 37 of the NDPS Act w