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Gujarat High Court · body

2023 DIGILAW 153 (GUJ)

Jay Ghanshyam Singh v. State Of Gujarat

2023-01-18

GITA GOPI

body2023
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. 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 regarding NEFT transfer is of Ajay Singh from HDFC Bank. 2.5 Mr. Sethna submitted that no such cash transaction could be shown from the alleged statement of Sonu from June, 2020 which draw inference of any cash dealing with any of the co-accused. Mr. Sethna submitted that two other premises were raided, which were Golden Chemicals and Shop No.2 of Utsav Complex, but nothing was found as of manufacturing Mephedrone, and the allegation is that the present applicant had received Rs.39,46,500/- as commission from illegal transaction of manufacturing and trafficking of Mephedrone, which could not be connected with the present applicant. Mr. Sethna submitted that two other premises were raided, which were Golden Chemicals and Shop No.2 of Utsav Complex, but nothing was found as of manufacturing Mephedrone, and the allegation is that the present applicant had received Rs.39,46,500/- as commission from illegal transaction of manufacturing and trafficking of Mephedrone, which could not be connected with the present applicant. 2.6 Mr. Sethna submits that the allegation is that the present applicant is connected with Prakash Patel of manufacturing and trafficking Mephedrone, but no such articles were found at any such place and further the allegation is that Prakash Patel procured chemical from one Girishbhai Patel, the owner of ‘Maa Krupa Enterprise’ and Universal Chemicals, and from that it was disclosed that amount of Rs.39,46,500/- was the commission amount earned from illegal manufacturing and trafficking of Mephedrone, which according to Mr. Sethna was cash on hand for purchase of a property. 2.7 Regarding the phone communication, Mr. Sethna states that the applicant is working in the Bank and would have relation with many customers and without any cogent evidence of any money bills from the illicit dealings, Mr. Sethna submits that, no inference could be drawn against the applicant, even on the statement of the co-accused, no manufacturing of Mephedrone could be shown at the instance of the present applicant. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail. 3. Countering the arguments, Mr. Kartik V.Pandya, learned advocate for the NCB stated that Sonu Ramnivas has said in his voluntarily statement and according to him he had made all the payments to the present applicant in cash and once the applicant had desired to transfer an amount of Rs.5,00,000/- to a person namely Vikram Vijay Bahadur Singh and for that Sonu Ramnivas has shown the Whatsapp chat of 30.09.2020, in which the applicant had confirmed the receipt of the amount. The said payment was by RTGS and for verification of the same, the letter was written to the Branch Manager AU Finance Bank, Vapi soliciting the Bank in account of Sonu Ramnivas and on statement received, it was found that the said transaction was made with Vikram Vijay Bahadur Singh. Mr. Pandya submitted that a letter was also submitted to Canara Bank for receiving the details of Vikram Vijay Bahadur Singh. Mr. Pandya submitted that a letter was also submitted to Canara Bank for receiving the details of Vikram Vijay Bahadur Singh. The notice under section 67 was issued to NCB Mumbai Zone and the report is awaited. 3.1 Mr. Pandya submitted that the present applicant had phone contacts with Mohanlal Narayanlal Paliwal and about 120 times contacted him from 03.06.2021 to 03.08.2021 with Mobile No.9982554022, around 52 times from 03.06.2021 to 03.08.2021 from Mobile No.7728852128, around 170 times from 03.06.2021 to 03.08.2021 with Prakash Ramanbhai Patel from Mobile No.9924500103 and around 10 times with Sonu Ramnivas from 03.06.2021 to 03.08.2021 with Mobile No.7041347054. Mr. Pandya submitted that no clarification has come from accused regarding his telephonic communication with co-accused during this period. Mr. Pandya states that during the house search of the present applicant Rs.39,46,500 were recovered, and an invoice of Bharat Gas Consumer was found. 3.2 Mr. Pandya further stated that the present applicant, Prakash Patel along with Bharti Patel were manufacturing Mephedrone and sold the manufactured Mephedrone to Mohan Paliwal through Sonu Ramnivas, and when dispute arose with Bhartiben the present applicant has shifted his chemical and manufacturing utensils to other place, and while search was conducted at Utsav Complex, Shop No.2, the chemicals and apparatus were seized, and thereafter during the investigation it got revealed that the present applicant with help of Prakash Patel was manufacturing and trafficking Mephedrone at Golden Chemicals, Dungri Faliya and Bhartiben was facilitating manufacturing of Mephedrone, and as the facts revealed Prakash Patel procured chemical from one Girishbhai Patel, owner of ‘Maa Krupa Enterprise’ and Universal Chemicals and the applicant had disclosed that Rs.39,46,500/- was a commission amount he earned illegally from manufacturing and trafficking of Mephedrone. It was, therefore, prayed that no discretion may be exercised in favour of the applicant. 3.3 In support of his submissions, Mr. Pandya relied on the judgment of Hon’ble Supreme Court in case of Narcotics Control Bureau Vs. Mohit Aggarwal, in Criminal Appeal Nos.1001-1002 of 2022 arising out of Petitions for Special leave To Appeal (Crl.) No.6128-29 of 2021. 4. Heard learned advocates on both the sides and perused the material on record. The allegation against the applicant is of connection with other co-accused and of manufacturing and trafficking Mephedrone. The place which has been searched are not the ownership of the applicant. 4. Heard learned advocates on both the sides and perused the material on record. The allegation against the applicant is of connection with other co-accused and of manufacturing and trafficking Mephedrone. The place which has been searched are not the ownership of the applicant. During the search actually no such Mephedrone was found in both the places. The chemicals which were procured is alleged to have been procured from one Girishbhai Patel, owner of ‘Maa Krupa Enterprise’ and Universal Chemicals, but he is not made an accused, while the chemicals which were found in Shop No.2 were Toluene, Aluminum Chloride, Bromine, Mono Methyle Amine, Acid Chloride, Acetone, Common Salt, Industrial Buckets. There is no F.S.L. report to suggests that such chemicals were used for in manufacturing of Mephedrone. 4.1 The telephonic connection between the period of 03.06.2021 to 03.08.2021 connects the applicant with the co-accused, but actually no Mephedrone was found and as per the prosecution case the present applicant was connected to Ratilal Patel along with Prakash Ramanbhai Patel and Mohanlal Paliwal, as he was taking care of financial activities of both the persons. The facts suggest that the present applicant is serving in AU Small Finance Bank Ltd. and no actual Mephedrone was found from the possession of the applicant and the place where the raid was conducted on the statement of Sonu Ramnivas, could not recover any Mephedrone actually manufactured. 4.2 The bank statements, referred by the applicant of AU Small Finance Bank Ltd. shows that he was drawing salary from the Bank and two of the transactions, which were for an amount of Rs.2,00,000/- and Rs.1,00,000/-, are not connected with the co-accused. Thus, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. 5. Hence, the present application is allowed. Thus, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. 5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with NCB case being F.No.NCB/AZU/CR- 10/2021 lodged before the NCB Police Station on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the concerned trial court; [e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court; 6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.