9911796707
TMI Blog2016 (4) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... ail in the event of non-completion of trial within a period of one year. That trial is not over and accordingly, the applicant has invoked jurisdiction of this Court seeking bail on various grounds. 3. In short, as alleged consignment was seized on 3rd December, 2011 weighing about 37 kg and containing Methamphetamine and it was confirmed as per the report of the Directorate of Forensic Science (DFS) Gandhinagar, Gujarat and later on during course of investigation the DRI-respondent herein also seized batches of the chemical from the factory premises of the applicant at Sangli, Maharashtra. According to applicant report of DFS, Gandhinagar was not correct and accurate and, therefore, a prayer was made for re-testing the seized material to be made. Upon hearing arguments of both the sides namely the applicant and DRI on the point of re-testing an order was passed on 28.3.2012 whereby the application for re- testing was rejected. Subsequently another application was moved before the trial Court seeking directions from the Court for copy of the test report as relied on by the prosecution be furnished to the applicant relying on the provisions of Section 80 of NDPS Act read with Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is entitled for bail and other evidence cannot be appreciated by trial Court, for which, the applicant cannot be kept behind the bar. Learned advocate for the applicant has relied on extracts of reputed journal about analysis/test by various methods adopted by DFS Gandhinagar and equations of various components of seized materials and comparison is drawn with reports of laboratory of Food and Drugs Administration, State of Maharashtra, and it is submitted that the applicant deserves to be released on bail. It is emphatically submitted that statement under Section 67 recorded is not to be considered as an evidence and now re-testing of the seized material established that the substance is not 'Methamphetamine' and accordingly, now no material is available to connect the applicant with crime and trial is likely to be prolonged and, therefore, bail be granted to the applicant. It is further submitted that family of the applicant now lives in abject poverty and even factory and residential house both are sold and for maintaining the family in this circumstances, this Court may exercise power as prayed for. 3.3. Learned advocate for the applicant has referred to charge framed by learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aha v. Superintendent, Narcotic Central Bureau [(2008) 16 SCC 471] in the context of exercise of powers under Section 37 of NDPC Act, 1985 read with sections 437 and 439 of Code of Criminal Procedure, 1973 for grant of bail in a case where initially bail was granted, which came to be cancelled where report of the laboratory conducting the second test of seized sample contained 2.6% heroine (not commercial quantity). The Apex Court granted. The decision of learned Single Judge of Bombay High Court in the case of Plethico Pharmaceuticals and Ors. Vs. State of Maharashtra [(2002) 2 Mah LJ 444] that report singed by or under the authority of the Director of the Central Drugs Laboratory is conclusive evidence of the facts stated therein while considering Section 25 (4) of the Act of 1940. 3.6. Therefore, according to learned advocate for the applicant all the factors as above considered together entitles applicant of relief as prayed for. 4. As against above, Mr. Hriday Buch, learned advocate for DRI, respondent NO.1 who opposed application for bail with all vehemence and relied on the following facts leading to arrest of the applicant. 4.1. It is the case of the prosecution that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 4.12.2011. During the course of panchnama the officers found 431 kgs of the same item i.e 1( 4methylphenyl) 2methylaminopropan1one, pertaining to different batch numbers as detailed below : Sr.No. Batch Number Manufacturing Date Quantity 1 MAD 11001 Nov- 2011 401 kgs 2 MAC 10016 Mar- 2010 17 kgs 3 MAC 10018 Mar- 2010 06 kgs 4 MAC 10021 Mar- 2010 02 kgs 5 MAC 10023 Mar- 2010 06 kgs TOTAL 432 kgs The above table clearly shows that out of the total seized quantity of 432 kgs, 401 Kgs. pertained to Batch No.MAD1 1001 with the date of manufacture as November, 2011. The entire quantity i.e. 432 Kgs. Of 1( 4methylphenyl) 2methylaminopropan1one were placed under seizure by the Central Excise officers of Sangli under a reasonable belief that the said item declared as 1( 4methylphenyl) 2methylaminopropan1one may be covered under narcotic drugs and psychotropic substances. The officers of Central Excise, Sangli drew representative samples under panchnama and placed the said goods under seizure. 4.3. The samples drawn from the 37 packets were forwarded for analysis to the Directorate of Forensic Science, Gandhinagar (DFS) and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umber Quantity 1 KHP 10001b 32 kgs 2 KP120911017 07 kgs 3 KP120914013 3 kg 4 KP121011002 1.8 kg 5 KP120914011 16 kg 6 KP120911020 17 kg 7 KP121914014 1 kg 8 KP121014001 1 kg 9 KP120914021 2.850 kg TOTAL 81.65 Investigations carried out revealed that the 81.650 kgs Ketamine Hydrochloride was actually manufactured by the manufacturing unit - M/s Kamud Drugs Pvt. Limited N6 & 8, M.I.D.C., Kupwad Block, Sangli416436, Maharashtra under the batch numbers mentioned in the above table. 4.5. During June2011 DRI, Mumbai had searched the premises of M/s Kamud Drugs Pvt. Limited in connection with the seizure of 200.6 kgs of Ketamine Hydrochloride seized from a Tata Sumo vehicle at Andheri(East), Mumbai being illegally diverted for being exported by way of mis declaration and concealment. During the course of search officers of DRI Mumbai had also recovered another consignment of about 826 kgs of Ketamine Hydrochloride contained in 32 drums from a farm house situated about 3 kms from the factory premises of M/s Kamud Drugs Pvt. Limited which was actually removed illegally from the factory premises of M/s Kamud Drugs Pvt. Limited and the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ujal Vijaybhjai Patel of M/s. Anshanu Exports. These 37 packets were later on recovered by the officers of DRI concealed and camouflaged among the courier parcels booked by M/s. Anshanu Exports. Ahmedabad through Air Cargo Comlex, Ahmedabad on 03.12,2011. Upon investigation by DRI, Patna it was unearthed that M/s. Daksh Industries (A Division Daksh) 105, Shresata Complexs Gandhi Maidan, Patna: 800 001, Bihar is a non-existent firm and the address 105, Shresata Complexes Gandhi Maidan, Patna: 800 001, Bihar was actually being used as a residence since last 3-4 years. 4.9. The applicant being Managing Director of M/s Kamud Drugs Pvt. Ltd., Sangli, from where above said 37 kgs of Methamphetamine Hydrochloride was removed, was interrogated and arrested on 17.12.2011 for offences committed under Section 8 (c) , 21, 22, 29 and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and produced before the Hon'ble Chief Metropolitan Magistrate, Ahmedabad. The Hon'ble Court was pleased to remand the accused to judicial custody and the applicant is presently lodged in Central Jail, Sabarmati, Ahmedabad. 4.10.In addition to above, Mr.Hriday Buch, learned advocate for DRI has taken t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 013 was preferred by the applicant seeking bail which came to be rejected by oral order dated 5.7.2013 in all contentions were considered and rejected except availability of report from Central Forensic Science Laboratory (CFSL) which after analyzing substance in question submitted negative report for Methamphetamine and positive test for presence of Mephedrone. 9. Having heard learned advocates appearing for the parties and considering facts and circumstances of the case and decisions relied in support of respective arguments, I am of the view that involvement of the applicant in heinous crime under NDPS Act, for which, sufficient material exists for trial Court to appreciate in trial which is in progress. Various contentions raised on the basis of Drugs and Cosmetics Act, 1940, evidentiary value of reports of recognized and authorised Forensic Science Laboratory were also earlier fell into consideration. Decisions of the Apex Court and this Court relied on by learned advocate for the applicant about evidentially value of such reports are subject to appreciation as per provisions of the Evidence Act at the appropriate stage of trial. Simply because the applicant is in jail for ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
