By the Impugned order dated 19.12.2002 the High Court granted bail to the respondent accused primarily on the term that the direction given by the Special Judge for supply of companyies of documents was number companyplied with, though the bail application was opposed.
Officers of the appellant Bureau , Mumbai Zonal Unit, got information that one Suresh Faturmal Jain was travelling in a red Ford Escort car and was carrying 20,000 Mandrax Tablets to be delivered to two persons at a particular place.
A bail application was filed by the respondent accused, which was rejected on 27.8.2001 by the Special judge Subsequently an application was filed on 21.6.2002 before the Special Judge for direction to the prosecuting agency to supply companyies of certain documents purported to have been recovered from his house.
The respondent is facing trial for alleged companymission of offences punishable under Section 29 read with Sections 8 c ,22,28 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 for short the NDPS Act .
The allegations against the respondent Dilip Pralhad Namade hereinafter referred to as the accused were that he was involved in the manufacturing of mandrax tablets and he is the person who has supplied the technical know how of preparation for the tablets.
The officers searched the car and arrested all the three occupants.
Subsequently an application for bail was filed by the respondent accused before the Bombay High Court on 27.8.2002.
The case against the respondent accused was that he was instrumental in helping the other accused persons in setting up a plant and machinery for manufacture of Methaqualone Powder and Mandrax Tablets.
The accused having number chosen to inspect the documents companyld number have made a grievance about number supply of companyies or alleged number compliance of the directions of the learned Special Judge.
13 for the purpose of procurement of the Mandrax Tableting Machineries etc.
10 manufactured eleven lakhs Mandrax tablets on three occasions for other accused persons.
They found that there were three persons travelling in the car.
With the help of others, the respondent alongwith accused No.
He had also visited the factory of accused No.
From the bags, 20 Kgm.
Statement of all the three accused persons were recorded and on the basis of certain facts disclosed in the statements, a search was taken up by the Officers and 650 Kgs.
O R D E R Arising out of SLP Crl.
of chemicals used for manufacturing Mandrax tablets were recovered.
The Special Judge directed the prosecution to furnish the companyies.
Grant of bail to the respondent by a learned Single judge of Bombay High Court is questioned by the Narcotics Control Bureau in short the NCB .
2783/2003 ARIJIT PASAYAT,J Leave granted.
Acting on the information, two officers of the Bureau went to the vicinity of the place where the tablets were to be delivered.
One of them were Suresh Futormal Jain and others were Karakutti Karan Anthony and Rajeev Shirook.
Two persons were called to act as Panchas.
During the companyrse of investigation, other persons were also searched and enquiries were made.
of Mandrax Tablets were recovered.
Per companytra Mr. E.C. Agrarwala, learned companynsel appearing for the respondent accused submitted that stand taken by the appellant Bureau is numberhing but a camouflage to hide its inaction and number compliance with the orders of the Special Judge.
