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TMI Blog2016 (4) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the DRI has no Methamphetamine it cannot be said that the applicant-accused is not involved in the crime where ample material is available for the progress to establish its case before the trial Court. No material exists for this Court to satisfy that there are reasonable grounds for believing that the applicant is not guilty of offence under NDPS Act, and that he is not likely to commit any offence while on bail., That involvement of the applicant in the offence involving commercial quantity, prima facie, stands established by the prosecution and it is not necessary at this stage to discuss merit of the subject in detail as the trial is in progress. Further, allegations levelled against the applicant which also include statement of the applicant recorded under Section 67 of NDPS Act, 1985, who accepted 37 Kgs contraband manufactured in the factory where the applicant was the Managing Director, a case is made out by the prosecution to reject this successive bail application in absence of any merit. Therefore, no case is made out to exercise powers under Section 439 of the Code of Criminal Procedure, 1973 as prayed for. - Decided against the applicant - CRIMINAL MISC.APPLICAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation etc. Both the above order dated 28.3.2012 and 20.4.2012 were challenged before the High Court by filing Special Criminal Application No.1353 of 2012 which came to be dismissed as per order dated 11.5.2012. The above order was challenged before the Apex Court in Criminal Appeal No.1138 of 2012 which came to be disposed of on 20.8.2014 with a direction to the Supreme Court to consider the application for re-testing of seized material afresh. The applicant moved the trial Court seeking certain documents which were not submitted by the prosecution as required under Section 207 of Code of Criminal Procedure, 1973 and it came to be allowed. 3.1. The applicant produced reports of Haffkin Institution about seized material that it was not Methamphetamine as reported by DFS, Gandhinagar. The applicant also relied on a report prepared by Food and Drugs Administration, State of Maharashtra and contradictory findings about the material in question. On the strength of above contradictory report bail was sought for which came to be rejected and by filing Criminal Misc. Application No.1033 of 2013 in the High Court with a request of bail also came to be rejected on 5.7.2013 and fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is submitted that any other proceedings he was granted bail by the competent Court. 3.4. Reference is made to certain paragraphs of complaint and affidavit-in-reply filed by respondent, by which, it is stated that the applicant is not guilty of the crime and that certain provisions of Drugs and Cosmetics Act, 1940 (for short Act of 1940 ) read with provisions of Section 80 of NDPS Act and decision of the Apex Court and this Court relied on in support of submissions, the case of the applicant be considered accordingly. 3.5. Learned advocate for the applicant has relied on the decision in the case of Prahladbhai Ambalal Patel v. State of Gujarat and Anr. [1984 GLH 413] , in which, the Court was concerned with the fact that after the report of public analyst gets superseded by the certificate of Director, Central Food Laboratory who also examines the part of sample of food article collected under relevant provisions of Act and in a case of any variance between the two reports, it was held that once there is supercession of the report of the public analyst by a superior certificate of the Director, earlier superseded reports can be effaced and excluded from the evidence. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Shri Babubhai Manibhai Sharma @Bakabhai are suspected to be involved in illegal exports/smuggling of Narcotic drugs and/or psychotropic substances by courier mode through Air Cargo Complex, Ahmedabad. The information gathered further indicated that some consignment of Narcotic drugs and/or psychotropic substances is scheduled to be sent to USA/UK by courier mode through Air Cargo Complex, Ahmedabad, on 03.12.2011. Based on the above, the officers of DRI, Ahmedabad examined the goods presented for export to U.K. and U.S. by M/s. Anshanu Exports, Ahmedabad at Air Cargo Complex, Ahmedabad. Examination of the courier parcels booked for UK by M/s Anshanu Exports, Ahmedabad resulted in recovery of 37 packets. Upon opening the said 37 packets, the officers found that each packet contained an inner aluminum foil package with sticker label containing the following markings: Kamud Drugs Pvt Ltd, 1(4methylphenyl) 2methylaminopropan1one Batch No.MAD1101. Gross wt. Tare wt. Net Wt.1.000 Kgs Mfg. Date Nov2011 Exp Date Pouch No.10/37 Storage Condition : Protect from Light N6 8, MIDC, Kupwad Block, Sangli, 416 436, Maharashtra India, Ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder 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 DFS vide their test report letter DFS/NARCFOTICS/11/NC/82 dated 7.12.2011 has reported that the samples were prima facie suspected to be 'METHAMPHETAMINE HYDROCHLORIDE' and later on vide test report letter DFS/EE/2011/NC/82 dated 20.12.2011 and test report letter DFS/EE/2011/NC/84 dated 15.02.2012 confirmed that the samples drawn from the 37 packets tested positive for 'METHAMPHETAMINE HYDROCHLORIDE'. The DFS also confirmed that 'METHAMPHETAMINE HYDROCHLORIDE' was covered under the NDPS Act, 1985. The total value of the 37 kgs of seized material comes to ₹ 37 Crores in the illicit international market. The samples drawn by the officers of Central Excise, Sangli were forwarded to the Chemical Examiner, New Custom House, Mumbai for analysis of the same. The Chemical Examiner, New Custom House, Mumbai vide their report dated 21.12.2011 reported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 said quantity was also placed under seizure by the officers of DRI, Mumbai. 4.6. Inquiries with the staff of M/s Kamud Drugs Pvt. Limited available at the factory premises during the course of Panchnama dated 04.12.2011 revealed that, consequent upon the above case, the FDI had cancelled licence No.SA20B/ 1447 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arthed 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 this Court to analysis of the contraband as per Forensic Science Laboratory, Gandhinagar and reproduction of the report in the complaint coupled with statement of co-accused and specific allegations against the applicant in paragraphs 28.2 to paragraphs 29 of the complaint filed by Intelligence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative 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 about 4 years is no ground for this Court to exercise the powers under Section 37 of the NDPS Act read with Section 439 of the Code of Criminal Procedure, 1973. No material exists for this Court to satisfy that there are reasonable grounds for believing that the applicant is not guil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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