Gujarat High Court
Yuktakumari D/O Ashishkumar ... vs State Of Gujarat on 24 July, 2025
NEUTRAL CITATION
R/CR.MA/13037/2025 ORDER DATED: 24/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 13037 of 2025
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YUKTAKUMARI D/O ASHISHKUMAR DHANSUKBHAI MODI
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 24/07/2025
ORAL ORDER
1. This application is filed under Sections 187(2) and 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with C.R. No.III/03 of 2025 registered with ATS Police Station, Ahmedabad, for the offences punishable under Section 9(A), 25(A), 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned counsel Mr. Virat Popat appearing for the applicant has submitted that the applicant is a lady accused who has been arrested in connection with the present offence on 17.03.2025 and since then, she is in custody. The applicant herein is not a partner of the firm in question but she was merely an employee of the firm, which was owned by other co-accused. He has further submitted that the substance involved in the present offence is not narcotic substance Page 1 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:32:08 IST 2025 NEUTRAL CITATION R/CR.MA/13037/2025 ORDER DATED: 24/07/2025 undefined but is a precursor used for preparation of narcotics substance. The firm of the present applicant is in the business of making cosmetic items and the substance in question is also used for manufacture of cosmetic items and the firm of the present applicant possessed necessary license for procurement of the said substance. He has further submitted that the firm of the present applicant is alleged to have exported the substance in question by misbranding it. The firm has actually not misbranded the substance but it has named the substance in a manner which would subject it to scrutiny at the time of export. Had there been an intention on the part of the applicant to misbrand the substance, it would not have branded the same as a substance which would be subjected to scrutiny. He has, therefore, submitted that by allowing present application, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned APP appearing for the respondent State has vehemently submitted that the applicant along with the other co-accused are involved in the activity of export of narcotic drugs which had been undertaken by submitting false certificate. He has, therefore, submitted that the offences, which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.
4. Heard learned advocates for the respective parties and perused the documents on record. The investigation of the Page 2 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:32:08 IST 2025 NEUTRAL CITATION R/CR.MA/13037/2025 ORDER DATED: 24/07/2025 undefined present offence is over and the Charge-sheet is filed.
5. From the record it appears that the police authorities had received some secret information that Ethos Chemical Private Ltd., Agrat Chemicals & Pharmaceuticals and S. R. Chemicals & Pharmaceuticals of which the present applicant and other co-accused are partners, were indulged in the activity of export of precursor used for manufacture of psychotropic substance knowing fully well that the said substance is banned in USA and for that purpose, bogus End User Certificate and invoices were being used and mislabeling of product was made on the parcel. The said precursor was being exported illegally to Maxico and Guatemala. On the basis of said secret information received by the police authorities, the mobile phone of the employees and the partners of the aforesaid firms including the present applicant were kept under the observation and exchange of calls between the employees of these partners inter se and with the other persons, were intercepted by the police authorities. At this stage, it is required to be noted that the applicant claims to be an employee of the firm namely, Agrat Chemical & Pharmaceutical. However, the material available on record indicates that she was not merely an employee of the firm but she was also a partner in the said firm. From the material available on record it appears that on 21.10.2024, Agrat Chemical & Pharmaceutical had purchased 1 kg N-boc-4-Hydroxy piperidine. The said substance was exported to Maxico by Agrat Chemical & Pharmaceutical by submitting End User Certificate to the Page 3 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:32:08 IST 2025 NEUTRAL CITATION R/CR.MA/13037/2025 ORDER DATED: 24/07/2025 undefined effect that the said substance was to be used for manufacture of B7 Vitamin (Cosmetic Use).
6. Again on 23.11.2024, 1 Kg of the aforesaid substance was procured by Agrat Chemical & Pharmaceutical and the same was again exported to Maxico by labeling it N-boc-4-Hydroxy piperidine. It is pertinent to note, at this stage that the substance was N-boc-4-Hydroxy piperidine and was not N- boc-4-piperidine. Thereafter, again on 29.04.2024, 30 kgs of 4-Piperidone Monohydro HCL was purchased by the Agrat Chemical & Pharmaceutical. The said substance was again to be exported to Guatemala by labelling N-boc-4-piperidine. On 10.12.2024, 100 kgs, N-boc-4-piperidine was purchased by Agrat Chemical & Pharmaceutical. For procurement of this substance, an End User declaration was submitted by Agrat Chemical & Pharmaceutical to the effect that end user namely, J & C Import was going to use this substance for preparation of 1-BOC-4-Piperidine. Thereafter, on 19.12.2024, another End User Declaration was given to Amino Organics wherein it was stated that the substance in question was to be used for the preparation of Lumateperone. Thus, for procurement of the said substance, the Agrat Chemical & Pharmaceutical had issued contradictory End User Declaration. It is required to be noted here that the substance in question is a precursor for preparation of Psychotropic Substance named fentanyl. Upon perusal of the transcript of telephonic conversation which had taken place between the present applicant and other co-accused as well as the applicant and employees of Page 4 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:32:08 IST 2025 NEUTRAL CITATION R/CR.MA/13037/2025 ORDER DATED: 24/07/2025 undefined the firm, it prima facie appears that manipulative practices were being undertaken by the firm of which the present applicant is a partner, for illegal export of substance in question. Several such consignments exported by the firm to various countries, have also been impounded by the authorities of those respective countries.
7. Considering the aforesaid facts, this Court is not inclined to exercise its judicial discretion in favour of the applicant. The application stands dismissed.
(M. R. MENGDEY,J) NABILA FURTHER ORDER :-
After pronouncement of the judgment, learned advocate for the applicant seeks permission to withdraw the present application.
Permission as sought for is granted. The matter stands disposed of as withdrawn.
(M. R. MENGDEY,J) NABILA Page 5 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:32:08 IST 2025