KETAN PARSHURAM KORE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Applicant seeks his release on bail in connection with NDPS Case No.1543/2025, pending before the Special Judge for NDPS, at Greater Mumbai, for the offences punishable under Ss. 8(c) r/w 23(c), 26, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS') r/w Rule 53 and 58 of the NDPS Rules, 1985 made thereunder.

(2.) The facts of the case, in brief, are as under:-

(3.) Mr. Aabad Ponda, learned Senior Counsel for the Applicant, submits that the Applicant is a mere employee of M/s. Macro Customs Consultants LLP and he is an H-card holder of the said Company. He is the lowest rung employee in the said Company and was only given the task of receiving the consignments and facilitating the process of handing the said consignments over to the Customs. The consignment reached the clearance house at 3.59 pm in the afternoon. However, when the present Applicant realized that there was no export authorization, as required to export the said consignment, he informed his superiors in the Company in this regard and awaited instructions. Mr. Ponda, has also pointed to the statements of partners and seniors of the said Company, namely, Ritesh Narpat Thakur and Brijesh Radheshyam Pandey and Praveen Suresh Bagre. Mr. Ponda has also referred to the statements of 3 officials of M/s. Macro Customs Consultants LLP wherein they have clearly accepted that the present Applicant informed them regarding absence of export authorization. Mr. Ponda, therefore, says that the Applicant has not committed any offence, least of all, the offence as alleged against the Applicant. He also referred to another statement of one, Mr. Edwin Camil Cyril Dsouza, who is working with MIAL as Deputy Manager since 2008. Mr. Dsouza stated to the Investigating Agency that the cargo arrival of the goods under the shipment was done on 25/1/2025 at 15.59 hours and that CB-M/s. Macro Customs Consultants LLP informed them on the same date at 21.41 hours and on their request, the consignment was made void. However, M/s. Macro Customs Consultants LLP re-filed CARR again on the same date at 21.52 hours. Mr. Ponda says that this re-filing was done only because there was an error in the earlier filing and the shipping date was not reflecting in the Customs data. He thus, submits that the Applicant has not committed the said offence and he be enlarged on bail.