E NARAYANAN Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) This order will dispose of two bail applications one filed by E.Narayanan and the other by Mahesh Majumdar. Wife of E.Narayanan is the proprietress of M/s Sarafine Chemicals, Vadodara but the. business is being run by E.Narayanan. Mahesh Majumdar is working as an accountant in that concern. A criminal complaint has been filed by the respondent Central Bureau of Narcotics (NCB) against them for their prosecution for offences under Section 9A read with 25A of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter NDPS Act). They were arrested on 28.12.2001 and since then are in judicial custody. Both have submitted applications under Section 439 of the Cr.P.C. for their release on bail.

(2.) The allegation against these accused, briefly, stated, is that intelligence report was received by the officers of the respondent that four cartons containing Acetic Anhydride has been despatched from Vadodara to Delhi through Jaipur Golden Truck under a builty dated 29.10.2001. Acetic Anhydride is to be utilised for manufacturing of heroine. One Attar Singh of Bhawani Mandi was suspected. The intelligence report was developed further and it was found that the said Attar Singh was in constant contact on telephone at Vadodara. A surveillance was put on the office of Jaipur Golden Transport Company but nobody came to collect the consignment till 7.11.2001. The officers of the respondent thereupon with the approval of the transport company opened the cartons on 12.12.2001. They were found containing 16 bottles containing Acetic Anhydride weighing in total 65.600 kgs. They were taken into possession. Sample was taken out, other paper work and formalities were completed and the consignment was seized. As per the bill dated 29.10.2001 of shree Laxmi Fine Chem, Vadodara the cartons were supposed to contain 16 x 2.5 Its. Paraffin Liquid Light. Acetic Anhydride is a controlled substance and is covered under Section 9A of the NDPS Act,1985 for which legal documents were mandatory and they were not found with the consignment. Summons for inquiry under Section 67 of NDPS Act dated 14.12.2001 was sent to the consignee M/s Aggarwal Agencies at the address given in the delivery note/bill of Shree Laxmi Fine Chem, Vadodara dated 29.10.2001 but the same was received back with the report that the address did not exist at Ghanta Ghar, Delhi. The inquiries disclosed that there was telephonic contact between E.Narayanan, M/s Sarafine chemicals, Vadodara and the said Attar Singh of Bhawani Mandi. Searches of the house of E.Narayanan accused were conducted on 24.12.2001. The search of the business premises of Sarafine Chem. was also conducted in the presence of the witnesses and both these accused petitioners. Nothing incriminating was recovered from the house of E.Narayanan petitioner but the search of the premises of Sarafine Chemical on 24.12.2001 resulted in the recovery and seizure of some documents and other corroborative evidences including letter head, bill books of a non-existing company M/s Shree Laxmi Fine chemical Industries, Rubber stamps, packing material and documents relating to 40 lts. Acetic Anhydride were also recovered in addition to that false labels of M/s Ranbaxy and M/s S.D.Fine Chemicals, Boisar. Physical verification of the stock of Acetic Anhydride revealed that 511 kgs. Acetic Anhydride was deficient. 27 copies of the Lorry Receipts of earlier transaction were also seized from the business premises of Sarafine Chemical which related to the illicit trading of this chemical by M/s shree Laxmi Fine Chem Industries, Baroda. Many of the delivery notes/bills/consignment notes sere addressed to self at Villages of Boliya, Baroda, Pipliya Mandi, Jaora, Shyamgarh etc. and they were also seized. In the voluntary statement tendered under Section 67 of NDPS Act dated 24.12.2001, 26.12.2001 and 27.12.2001 the petitioner E.Naraynan of Sara Fine Chemicals admitted the recovery and seizure of incriminating articles and documents and also stated that(M/s Sara Fine Chemicals was the soleproprietorship concern of his wife but he was managing its business and he also stated that he had sold Acetic Anhydride without consignment notes in the name of M/s Shree Laxmi Fine Chem. Industries and he also deposed that he had illegally sold Acetic Anhydride to one Rajinder Singh of Bhawani Mandi whose telephone number was also revealed by him. He was confronted with the copy of G.R. dated 29.10.2001 at Jaipur Golden Transport Company alongwith bill he stated that Acetic Anhydride was a controlled substance and could not be sold without consignment note and he had declared the goods as Parraffin liquid Light and had sent the copy of the same to Rajinder Singh through Madhur. Courier, Vadodara. It was also stated that the sale proceeds was collected from Rajender Singh by Mahesh Majumdar at Ramganj Mandi, Rajasthan and that all the labels were provided by Rajender Singh and crown cap were purchased by him from the local market. In the voluntary statement made by Mahesh Majumdar petitioner recorded on 24.12.2001, 26.12.2001 and 27.12.2001 under Section 67 of the NDPS Act he also stated that he met Rajender Singh of Bhawani Mandi and gave his telephone number and that he used to visit Ramganj Mandi to receive payments from Rajender Singh and thus so far they had sold about 750 lts. of Acetic Anhydride illegally to Rajinder Singh. He also stated that he had mostly prepared the documents declaring the goods as detergent powder instead of Acetic Anhydride and that both the accused had deposed about the details of consignment in which Acetic Anhydride was illegibly despatched by them to Rajinder Singh of Bhawani Mandi.

(3.) Vijay Bhai, Branch Manager, M/s Madhur Courier Services, Vadodara in his statement recorded under Section 67 of NDPS Act also deposed that Sarafine Chemical, Baroda used to send letters through their courier specially to one Rajinder Singh of Bhawani Mandi in the name of Lovendra Singh as sender. He stated that since January 2001 Sarafine had sent about 23 letters to Rajender Singh in the name of Lovendra Singh through their courier and that both these petitioners used to visit their office for sending their documents.