Ram Lakhan Patel vs Union of India and Anr. — Narcotics (NDPS) | Bombay HC (2025)

Ram Lakhan Patel vs Union of India and Anr. — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim directions: notice ordered to be issued to the Respondents (learned APP for Respondent No. 2 - State waived notice); Respondent No. 1 (Union of India) directed to file affidavit in reply within four weeks with no further extension; prosecution to verify the Applicant's counsel's submissions and appraise the Court; bail application listed on 9th June, 2025 under the caption 'for Directions' to be heard and decided. Bail itself not finally decided.

Issue for consideration

Whether the Applicant (accused No. 4), arraigned in an NDPS case registered by the NCB, is entitled to bail on parity with co-accused Nos. 2 and 3, who have already been enlarged on bail.

Court's answer

Interim prima facie view that a substantive case is made out for grant of bail on parity with accused Nos. 2 and 3, the Applicant having been arrested on 01.05.2024 and incarcerated for more than 11 months; however, the Court expressly deferred hearing and decision of the bail application to the next adjourned date.

Ratio / Principle

Prosecution directed to ascertain the veracity of the submissions made by the Applicant's counsel and to apprise the Court on the next adjourned date, when the bail application will be heard and decided.

Key takeaways

Respondent No. 1 (Union of India) directed to file its affidavit in reply within four weeks from the date of the order, with no further extension of time.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram: Milind N. Jadhav, J. — Bail Application No. 1681 of 2025, Ram Lakhan Patel v. Union of India & Anr. — Interim order dated April 28, 2025 in an NDPS matter registered by the NCB. The Applicant, working in a pharmaceutical company and shown as accused No. 4 (accused No. 1 having disclosed that accused No. 4 aided him in trading/trafficking and the monetary transactions concerning the alleged contraband), sought bail on parity with accused Nos. 2 and 3, who had already been enlarged on bail. The Court recorded a prima facie view that a substantive case is made out for grant of bail on parity, noting the Applicant's arrest on 01.05.2024 and incarceration of more than 11 months, but expressly deferred the hearing and decision of the application. Notice was issued (learned APP waiving notice for Respondent No. 2 - State); Respondent No. 1 (Union of India) was directed to file its affidavit in reply within four weeks without further extension; the prosecution was directed to verify the counsel's submissions; and the matter was listed on 9th June, 2025 under the caption 'for Directions'.

2. BA-1681-25.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1681 OF 2025

Ram Lakhan Patel .. Applicant

Versus

Union of India & Anr.

.. Respondents

Ms. Shaheen Kapadia a/w Mr. Kunal Rathod i/by Ms. Vrushali Maindad for Applicant

Mr. Rushikesh M. Pethe, APP for Respondent No. 2 - State

CORAM : MILIND N. JADHAV, J. DATE : APRIL 28, 2025

P. C.:

1. Heard Ms. Kapadia, learned Advocate for Applicant and Mr. Pethe, learned APP for Respondent - State.

2. Applicant is working in a Pharmaceutical Company and apprehended in a NDPS offense. The case of prosecution is that accused No. 1 on he being arrested disclosed names of remaining 4 accused persons i.e. accused Nos. 2 to 5. Insofar the case directed against the present Applicant - accused No. 4 is concerned, accused No. 1 disclosed that accused No.4 aided him in trading / trafficking and the monetary transactions concerned with the alleged contraband in question.

3. Ms. Kapadia would submit that accused Nos. 2 and 3 have been enlarged on bail. She would submit that case of present Applicant is

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2. BA-1681-25.docx

on parity with accused Nos. 2 and 3 considering that disclosure was made of all the remaining accused persons by accused No. 1 on he being apprehended with conscious possession of the alleged contraband.

4. Prima facie, a substantive case is made out for grant of bail on parity. Applicant was arrested on 01.05.2024 and has been in incarceration for more than 11 months.

5. In view of the above strong facts, prosecution shall ascertain veracity of the submissions made by Ms. Kapadia and accordingly apprise the Court on the next adjourned date when present Application shall be heard and decided by the Court.

6. Ms. Kapadia would inform the Court that the case has been registered by NCB i.e. Union of India.

7. Hence, issue notice to Respondents. Mr. Pethe, learned APP waives notice on behalf of Respondent No. 2 - State.

8. Respondent No. 1 is directed by the Court to ensure that its affidavit in reply is positively filed within a period of four weeks from today. No further extension of time shall be given to Respondent No. 1 to file the same.

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2. BA-1681-25.docx

9. Considering the aforesaid strong facts fo the case, list the matter

on 9th June, 2025. To be placed under the caption "for Directions".

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed by RAVINDRA RAVINDRAMOHANAMBERKAR MOHANAMBERKARDate:2025.04.28 15:19:02 +0530

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