1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2110 OF 2008 Pravin Niwas Patil .. Applicant. Vs. Union of India, Through The I.O. Narcotics Control Bureau & Anr. .. Respondents. WITH CRIMINAL APPLICATION NO.2712 OF 2008 Shane Alam Khan @ Shahnawaz Khan .. Applicant. Vs. Union of India, Through The I.O. Narcotics Control Bureau & Anr. .. Respondents. Mr.Nitin Pradhan i/b Lalla & Lalla for the applicant in CA No.2110/08 and Mr.Anil Lalla i/b M/s.Lalla & Lalla for the applicant in CA No.2712/08. Ms.Revati Mohite Dere for respondent no.1 - NCB in CA No.2110/08 and Mr.Mandar Goswami for respondent no.1 - NCB in CA No.2712/08. Mr.H.T.Dedhiya A.P.P. for the State in both applications. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 11TH DECEMBER, 2008. DATED : 11TH DECEMBER, 2008. DATED : 11TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicants in both these applications are seeking bail in Special Case No.6 of 2008 of NCB pending before the Special Judge for NDPS cases, 2 2 2 Thane. The said case is under section 29 r/w 9A and 25A of the Narcotics Drugs and Psychotrophic Substances Act, 1985. 3. Mr.Pradhan, learned counsel for the applicant in criminal application No.2110 of 2008, at the outset, prayed for bail on parity with the co-accused - Rafael Palafox Garcia, a foreign national, who has been granted bail by this court vide order dated 25th September, 2008 passed in criminal application no.2015 of 2008. He submitted that the applicants in both these applications and Rafael Garcia and two others are the accused in Special Case No.6 of 2008. He submitted that there is absolutely no difference between the role attributed and allegedly played by the present applicants and the role of Rafael Garcia. 4. Insofar as applicant no.1 is concerned, according to Mr.Pradhan, he only facilitated the main accused - Rafael Garcia to secure the premises where the alleged illegal activity of manufacturing pseudo-ephedrine was going on. It appears that he also arranged for relief tablets containing pseudo-ephedrine and cetrizine manufactured by the applicant in criminal application No.2110/08. The applicant in application No.2110/08 is manufacturer of relief tablets. The ingredients of relief tablets are 3 3 3 pseudo-ephedrine and cetrizine. It is alleged that the applicant in criminal application No.2110/08 supplied relief tablets to Rafael Garcia in a crushed form. Rafael Garcia, in turn, allegedly extracted pseudo-ephedrine from the said tablets for manufacturing Sildenafil citrate tablets which are known as "Vinegra" tablets in the market. Rafael Garcia is a manufacturer of Vinegra tablets containing the psuedo-ephedrine as its main substance. 5. It appears that when the application of Rafael Garcia was considered by this court the following three questions were raised: Firstly, that at the time of filing of the charge-sheet the C.A. report was not filed and thus the charge-sheet was incomplete and, therefore, there was no material before the learned Judge to come to the conclusion that it was pseudo-ephedrine and court could not have taken cognizance of the said case, secondly, it was contented that the case of the applicant would fall within the ambit of section 167(2)(a)(ii) of the Code and the accused cannot be detained in custody beyond the period of 60 days from the date of the first remand of the applicant and, thirdly, pseudo-ephedrine being a controlled substance, rigors of section 37 of NDPS Act would not be attracted and that the applicant is entitle for bail. The applicants, in the present 4 4 4 case, are facing charges under section 29 r/w 9A and 25A of the NDPS Act. 6. The learned Judge (Smt.V.K.Tahilramani, J.) after dealing with all the three questions answered the first two questions in favour of the prosecution whereas the third question was answered in favour of the applicant-Rafael Garcia and his prayer for bail was granted vide order dated 25th September, 2008. 7. Counsel appearing for the respondents fairly submitted that insofar as the claim of parity is concerned, the applicants are entitle for bail on that principle. However, she submitted that the respondents have already made a proposal to the Central Law Agency to file appeal against the judgment and order dated 25th September, 2008, in criminal application No.2015 of 2008 and they are awaiting a decision. She, therefore, submitted that even if the court is inclined to grant bail to the applicants on the principle of parity, the order may be stayed for a period of four weeks from today to enable the respondents to once again approach the Central Law Agency with a request to move the Supreme Court against the judgment and order dated 25th September, 2008 passed in criminal application No.2015 of 2008 by which Rafael Garcia has been released on bail. 5 5 5 Mr.Pradhan, learned counsel for the applicant in criminal application No.2110 of 2008 and Mr.Lalla, learned counsel for the applicant in criminal application No.2712 of 2008 have not opposed the prayer made by Mrs.Revati-Mohite Dere, learned counsel for respondent no.1. In the circumstances I pass the following order: . The applicants in both the applications to be released on bail in the sum of Rs.1,00,000/- each with one or two sureties to make up the said amount. The sureties shall be local sureties. Before being released on bail the applicants shall inform the NCB office the address at which they will reside during the period that they are on bail. Any change in the address shall also be communicated to the NCB within two days. The applicants shall report to the NCB office on every Saturday between 11 am and 12 noon till conclusion of the trial. . This order shall remain stayed for a period of four weeks from today i.e. till 8th January, 2009. The applications are disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)