Jay Ghanshyam Singh vs State Of Gujarat
2023 Latest Caselaw 554 Guj

     R/CR.MA/15397/2022                          ORDER DATED: 18/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15397 of 2022

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                          JAY GHANSHYAM SINGH
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MR KARTIK V PANDYA(2435) for the Respondent(s) No. 2
MR DHAWAN JAYSWAL APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 18/01/2023

                              ORAL 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.

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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. 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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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.

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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. 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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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. 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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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.

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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. 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

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

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.

R/CR.MA/15397/2022 ORDER DATED: 18/01/2023

Direct service is permitted. Registry to communicate this

order to the concerned Court/authority by Fax or Email

forthwith.

(GITA GOPI,J) Pankaj