UNION OF INDIA Vs. RIYAZ RAZAK MEMON

JUDGEMENT

(1.) THIS is an application by the Directorate of Revenue Intelligence (for short, "DRI") for cancellation of bail granted to respondent Nos.1 and 2 by the learned Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as the "NDPS Act") at Thane by his order dated 23-7-2010.

(2.) THE facts which are material for deciding this application are as under: The DRI received information that a firm by name M/s. Frontier Remedies at Aurangabad was engaged in illegal manufacture of Alprazolam, Methaqualone, Diazepam and Ephedrine. One Murukonda Venkata Narayan was said to be the proprietor of M/s. Frontier Remedies. Respondent No.2-Rahul Balkrishna Shedge was said to be a chemist who was illegally assisting in the manufacturing process and supervising the manufacture of drugs at Aurangabad. These substances were sold to respondent No.1-Riyaz Razak Memon. On 9-5-2009 a team of DRI officers raided a godown which was opened by respondent No.1 s brother Ramiz Memon. It was found to contain 12 bags of Diazepam weighing 295 kgs., and one bag containing 30 kgs. of Alprazolam. Another team searched other premises at Navi Mumbai and recovered nine plastic sacks containing 66.43 kgs. of Alprazolam and 29.93 kgs. of Diazepam from those premises. The respondents were arrested on 10th and 11th of May, 2009. They applied for bail and were granted bail by the impugned order dated 23-7-2010, subject to certain conditions. While granting bail the learned Judge observed that the substances seized were listed under the Schedule to the Act and not under the Schedule to the Rules. Therefore, after relying on judgments of the Supreme Court the learned Judge held that the respondents were in possession of stock of drugs which were not falling under Schedule-I of the Rules. Hence, the learned Judge ordered their release on bail on certain conditions.

(3.) AS to the first point, the learned counsel for the DRI placed reliance on a recent judgment of this Court in Union of India v. Ravindran Krarapaya @ Ravi & Ors. (Criminal Application No.3618 of 2010), delivered on 19-11-2010, where a learned single Judge of this Court was considering a similar case of seizure of substantial quantities of Methamphetamine. After considering several judgments, including that of the Supreme Court in State of Uttaranchal v. Rajesh Kumar Gupta, reported in 2007 (1) Crimes 6 (SC) = 2007 (1) SCC 355, the learned single Judge held that possession of the said psychotropic substance Methamphetamine attracted penal provisions of Section 22 of the NDPS Act and, therefore, the bail granted by the Special Judge was liable to be cancelled.