Application for bail rejected. Court held that recovery of commercial quantity of Mephedrone and cash, coupled with the statement of the informant, established prima facie involvement in drug trafficking. Conditions under Section 37 of the NDPS Act were not satisfied.
Bail application rejected; applicant remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
33_ba_1126_2022.odt
Megha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1126 OF 2022
Sameer Suleman Sharma...Applicant
Versus
1. Union of India
2. The State of Maharashtra ...Respondents
Mr. Saroagi with Mr. Prajot H. Jaggi, Ms Daksha Parmar and Ms Pallavi
Kulkarni for the Applicant.
Mr. Shriram Shirsat with Mr. Anna Oomman for the Respondent.
Mr. S.H. Yadav, APP for the Respondent -State.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 7th JUNE, 2023.
P. C. :-
1. This is an application under Section 439 of the Cr.P.C. filed
by the aforesaid Applicant, who is facing trial in Special NDPS Case
No.1367 of 2021 on the file of the learned Special Judge, (N.D.P.S.)
City Civil and Sessions Court, Greater Bombay.
2.The case of the prosecution is that they had received
information that the Applicant herein and the co-accused were dealing
in illegal trade of drugs and they had stored contraband drugs at their
residence. Accordingly, the residential premises of the co-accused were
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Megha 33_ba_1126_2022.odt
searched and 165 gms of Mephedrone (MD) as well as sum
Rs.2,15,000/- was recovered. In the course of the investigation the co-
accused disclosed that the Applicant was also involved in procurement
and sale of Mephedrone (MD). Accordingly the premises of the
Applicant were searched in presence of the panchas, after complying
with the statutory requirements. It is alleged that 56 gms of white
powder like substance was found in the cupboard in the bedroom of
the Applicant herein. The same was seized in presence of panchas. In
addition sum of Rs.17,90,000/- in Indian and foreign currency was
also recovered under the panchanama. The seized contraband was
forwarded to the forensic laboratory. The forensic report tested positive
for Mephedrone.
3.The Investigating Agency suspected that the money
recovered from the cupboard of the Applicant was the income derived
from the sale of drugs. Show cause notice was given to the Applicant.
It is stated that the Applicant herein did not submit any explanation.
Hence, an order under Section 68F(1) came to be passed and upon
concluding the completion of the investigation, charge-sheet came to
be filed against the Applicant and the co-accused for committing the
offences as stated above.
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33_ba_1126_2022.odt
Megha
4.Mr. Saraogi, learned counsel seeks bail mainly on the
ground of non-compliance of Section 50 of the NDPS Act. He further
states that no lady staff was present at the time of search. He submits
that the statement of the mother of the Applicant was recorded by
misrepresenting to her that such statement would benefit the
Applicant.
5.I have perused the records and considered the submissions
advanced by the learned counsel for the respective parties. The
records particularly the Information Note prima facie reveals that the
NCB Team had received information that the Applicant herein and the
co-accused were involved in illegal trade of drugs and had stored MD
in their residential premises. Pursuant to the said information the
premises of the accused No.1 were searched in presence of panchas
and contraband (MD) weighing 165 gms was recovered. On
18/04/2021, the NCB Team, which included lady members visited the
house of the Applicant. The Applicant was not present in the house
His mother, who was present, was explained the purpose of search.
The premises were searched in presence of the panchas as well as the
mother of the Applicant after complying with statutory requirements.
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33_ba_1126_2022.odt
Megha
6.A perusal of the panchanama reveals that Md weighing
about 56 gms and cash of Rs.2,15,000/- as well as foreign currency
was recovered from the cupboard. The records prima facie reveal that
commercial quantity of the contraband was recovered from the
cupboard of the Applicant. The recovery of contraband coupled with
the statement of the mother of the Applicant prima facie reveals that
the Applicant was involved in illegal trade of drugs. The twin
condition under Section 37 of the NDPS Act are not satisfied.
7. In such circumstances, the application is rejected.
(SMT. ANUJA PRABHUDESSAI, J.)
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3 issues framed by the court
Whether bail should be granted to the applicant accused of drug trafficking considering the non-compliance of Section 50 of the NDPS Act.
Whether the twin conditions under Section 37 of the NDPS Act are satisfied given the recovery of commercial quantity of contraband and lack of explanation.
Whether misrepresentation to the applicant's mother during statement recording warrants bail.
4 provisions across 2 enactments
Sameer Suleman Sharma
Union of India
State of Maharashtra
Anuja Prabhu Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court