RAVI MANOJ RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Ponda, learned Sr. Advocate for Applicant in BA 3846/2024; Mr. Setalvad, learned Sr. Advocate for Applicant in BA 4731/2024; Mr. Munde, learned Special P.P. for Respondent; Mr. Dedhia and Ms. Bajoria, learned APP for State. This common judgement will determine and dispose of both aforesaid Bail Applications.

(2.) Applicants - Accused Nos. 2 and 4 have filed the present Application for regular bail under Sec. 439 of the Code of Civil Procedure, 1973 (for short, "Cr.P.C.") in connection with F. No. SD/INT/INV/NCCP-01/2023-24 R and I for the offences punishable under Ss. 8(c) r/w 21(a), 22(c), 23(a)(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS"). Both Application are heard and decided together due to commonality of facts and for brevity. They arise in the same crime.

(3.) The case of prosecution in a nutshell is that accused No.3 booked a parcel from Netherlands containing certain contraband in the name of accused No.1. The parcel was intercepted by the officers of Respondent based on specific intelligence received by Preventive Officer of NCCP indicating possibility of MDMA[A Narcotic Drug and Psychotropic Substance listed at Sr. No. 134 of the Table as per clause (viia) of Sec. 2 of the NDPS Act having 'small quantity' as 0.5 gm and 'commercial quantity' as 10 gm] tablets being smuggled to India vide the parcel bearing tracking No.RT56082NL at Foreign Post Office 'FPO', Mumbai. It contained two bags of contraband which tested positive for 45 grams of MDMA and 0.64 grams of Cocaine[A Narcotic Drug and Psychotropic Substance listed at Sr. No. 27 of the Table as per clause (viia) of Sec. 2 of the NDPS Act having 'small quantity' as 2 gm and 'commercial quantity' as 100 gm] respectively.