Facts of the Case

This is a Narcotic Drugs and Psychotropic Substances Act (NDPS Act) case investigated by the Directorate of Revenue Intelligence (DRI), with no GST element whatsoever. The applicants, Nethaji Krishnaiah and Ganesh Kumar, sought bail in connection with Crime F.No. DRI/MZU/C/INT-116/2018, registered for offences under Sections 8(c), 22(c), 23(c), 25, 27(a), 29 and 30 of the NDPS Act, 1985.

The prosecution's case, as detailed in the DRI's complaint, was that a syndicate allegedly manufactured Ketamine HCL, a psychotropic substance, at a facility in Patalganga MIDC, Raigad, storing it at another unit in Taloja MIDC. The complaint described an elaborate international network allegedly masterminded from Malaysia, with various accused persons handling recruitment, premises, and logistics for manufacturing and storage of the substance.

Issues Involved

  1. Whether the applicants, accused in a DRI-investigated NDPS Act case involving alleged manufacture and storage of a psychotropic substance, were entitled to bail.

Petitioner's Arguments

  • The applicants, through their counsel, sought bail in the pending prosecution, though the order does not itemise their specific defence submissions in detail beyond the plea for bail.

Respondent's Arguments

  • The DRI (Respondent No. 1) and the State opposed the bail application, given the serious nature of allegations involving manufacture of a psychotropic substance as part of an organised syndicate.

Court Order / Findings

  • The Court allowed the bail application.
  • The applicants, Nethaji Krishnaiah and Ganesh Kumar, were directed to be released on furnishing a P.R. Bond of Rs. 1,00,000 each with sureties.
  • Conditions were imposed requiring the applicants to report weekly to the DRI, not tamper with evidence or witnesses, keep the DRI updated of their contact details and residence, not leave Raigad and Thane Districts except for reporting, and attend trial regularly without seeking unnecessary adjournments.

Important Clarification

This case has nothing to do with GST — it is an NDPS/DRI narcotics matter. It is included here only because it was part of a batch of orders originally screened for GST relevance; readers researching GST case law should look elsewhere.

Sections Involved

  • Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c), 22(c), 23(c), 25, 27(a), 29, 30

Decision – In Favour of

Decided in favour of the applicants, Nethaji Krishnaiah and Ganesh Kumar, who were granted bail subject to conditions; this is a bail order only and does not decide guilt or innocence.

Case Details

  • Court: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
  • Case Nos.: Bail Application No. 749 of 2023 with Bail Application No. 2671 of 2023
  • Neutral Citation: 2023:BHC-AS:31401
  • Coram: Hon'ble Mr. Justice M. S. Karnik
  • Date of Order: October 19, 2023

Link to Download the Order

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