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Bombay High CourtBA/4033/2025bail granted

Ram Pratap Singh v. Union Of India And ANR

2026-02-03Hon'Ble Justice Dr. Neela Kedar Gokhale9 pages

Shivgan 16-BA-4033-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4033 OF 2025 Ram Pratap Singh ...Applicant

Versus

Union of India and Anr.

...Respondents

Mr. Taraq Sayed, with Ashwinii Achari, Aryan Kotwal, for the Applicant.

Ms. Neha Patil, SPP for the Respondent-NCB.

Ms. Gauri S. Rao, APP for the Respondent-State.

CORAM

DR. NEELA GOKHALE, J.

DATED:

3rd FEBRUARY 2026 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in NDPS Special Case No. 1370 of 2025, arising out of File No. NCB/MZU/CR-03/2025 dated 8th January 2025, registered with the Narcotics Control Bureau ('NCB'), Mumbai Zonal Unit, for the offences punishable under Sections 8(c) read with Sections 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

Shivgan 16-BA-4033-2025.doc There are in all five Accused. The present Applicant is Accused No.5.

2.

The case of the prosecution, in brief, is that on information received by the NCB, Mumbai Zonal Unit, that one person namely Asalam Ali, travelling in Train No. 12168 from Banaras to LTT, was carrying Alprazolam tablets in huge quantity, surveillance was mounted. The said person was intercepted at LTT Railway Station on 8th January 2025. After complying with the necessary provisions of the NDPS Act, he was searched and 16,800 tablets of Alprazolam were recovered from his possession. On further interrogation, the said Asalam Ali disclosed that his brother-in-law, Chand Bhai, had handed over the aforesaid contraband to him at Varanasi Railway Station and had instructed him to deliver the same to one Ishtiyaq Ahmed Ansari, Accused No.2. Thereafter, Accused No.2 disclosed that the contraband was to be delivered to Accused No.3, namely Ramiza Salim Shaikh. A search of the house of Accused No.3 led to the recovery of 12

Shivgan 16-BA-4033-2025.doc bottles of Codeine Phosphate & Triprolidine Hydrochloride Syrup and 200 tablets of Nitecan-10 (Nitrazepam Tablets I.P.). Upon analysis of the labels and other details of the contraband recovered, the investigating agency was led to the present Applicant. The Applicant is the Director of M/s. Medicross Laboratories Pvt. Ltd. He was arrested on 16th June 2025 pursuant to the registration of the FIR. 3.

The Applicant made an application seeking bail before the Special Judge (N.D.P.S.), City Civil & Sessions Court, Greater Mumbai. However, by order dated 11th September 2025, his bail application came to be rejected. Hence, the Applicant is before this Court for the reliefs as prayed. 4.

Mr. Taraq Sayed, learned counsel appearing for the Applicant, at the very outset, submits that the Applicant is the Director of M/s. Medicross Laboratories Pvt. Ltd., which had a valid licence to manufacture Alprazolam tablets alleged to have been recovered from the co-accused. He submits that the prosecution's case that the Applicant supplied contraband to

Shivgan 16-BA-4033-2025.doc two companies, namely Priyanka Medical and RNG Life Biotech India, both situated in Bihar, without those companies having licences, is incorrect. He submits that the purchase orders were placed on 13th September 2024 by Priyanka Medical and on 24th September 2024 by RNG Life Biotech India. According to Mr. Sayed, this crucial fact was not brought to the notice of the Sessions Court, which resulted in rejection of the bail application. He submits that the Applicant's company was duly licensed to manufacture the said drugs and that, at the time when the purchase orders were placed, both the companies in Bihar possessed valid licences. He therefore submits that the Applicant has been falsely implicated and prays that he be released on bail. 5.

Per contra, Ms. Neha Patil, learned Special Public Prosecutor appearing for the NCB, submits that although Priyanka Medical and RNG Life Biotech India had valid licences at the time of placing purchase orders on 13th September 2024 and 24th September 2024 respectively, by the

Shivgan 16-BA-4033-2025.doc time the contraband was received by them, their licences had expired. She therefore, submits that the said companies were not authorised to receive the contraband. She further submits that the Applicant failed to verify the validity of the licences of the said companies at the time of dispatching the contraband. On these grounds, she submits that the Applicant has committed the offences as alleged and prays that the Bail Application be rejected.

6.

Heard learned counsel appearing for the respective parties and perused the record with their assistance. 7.

Admittedly, the sole basis for the arrest of the Applicant is that he was the Director of the company, which supplied the contraband to two companies that possessed valid licences at the time of placing the purchase orders. However, at the time when the contraband was dispatched, their licences had expired. It is also alleged that the Applicant failed to verify the licences of the said companies at the time of dispatch. The Applicant was arrested on 16th June 2025 and has undergone

Shivgan 16-BA-4033-2025.doc incarceration for about seven months. He is 62 years of age. Considering the submissions advanced by Mr. Sayed, it prima facie appears that the Applicant has not committed the offence as alleged. There are no antecedents against the present Applicant and it is not likely that he would repeat the alleged offence.

8.

In these circumstances, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.1,00,000/- with one or two local sureties in the like amount; ii) The Applicant is permitted to furnish provisional cash bail of Rs.1,00,000/- for his release immediately and file undertaking that he will provide one or two local sureties in the like amount of Rs.1,00,000/- within a period of four weeks after his

Shivgan 16-BA-4033-2025.doc release, which shall be accepted by the Trial Court. The Applicant shall provide the sureties as directed; iii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iv) The Applicant shall also attend the Narcotics Control Bureau ('NCB'), Mumbai Zonal Unit once in a month on first Monday between 11:00 a.m. to 02:00 p.m. till the charges are framed;

v) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Narcotics Control Bureau ('NCB'), Mumbai Zonal Unit ;

vi) The Applicant shall not leave India, without the permission of the Trial Court;

Shivgan 16-BA-4033-2025.doc vii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

viii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Narcotics Control Bureau ('NCB'), Mumbai Zonal Unit;

ix) The Applicant to co-operate with the conduct of the trial;

x) Any infraction of the aforesaid conditions shall entail cancellation of bail.

9.

Application is allowed in the above terms and is accordingly disposed of.

Shivgan 16-BA-4033-2025.doc 10.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2026.02.04 19:13:48 +0530 SHAMBHAVI NILESH SHIVGAN