HC grants bail to four in alleged international drug trafficking case
MUMBAI: Four accused in a drug trafficking case were granted bail by the Bombay HC, citing lack of evidence and reliance on disclosure statements.
MUMBAI: Four accused in an international drug trafficking case were recently granted bail after the Bombay high court observed that the case, lacking evidence, was entirely based on disclosure statements. The authorities allegedly recovered of 9 kilograms of amphetamine, over 28,000 tablets of Zolpidem, and Tramadol, set to be trafficked to Australia and the United States through courier services.
On December 19, 2023, the Narcotics Control Bureau raided the premises of DHL Express India Private Limited in Andheri (East) and intercepted a parcel booked under one Vikas Bhoir that was destined to Australia. They found 9.87kg amphetamine concealed in a cavity in the shelves of a stainless-steel table in the parcel. In his statement, Bhoir named three other accused - Arif Mohd Kasim Shah, Irfan Shaikh, and Naveenkumar Pingale. Pingale, the contraband supplier, informed the authorities that he had booked the parcel through Porter app. The statements recorded from the accused revealed the network of supply from India to Australia and the United States. Subsequently, the four accused were arrested. Nine more accused were named, out of which, four were identified - two received anticipatory bail and two are absconding.
To show the complicity of the arrested accused in the crime, special public prosecutor Shreeram Shirsat showed the WhatsApp messages exchanged between them, indicating procurements and movements of the alleged contraband. The accused are a part of a drug syndicate, who if enlarged in bail, will re-offend, tamper with the evidence, and influence the witnesses, he said.
Noting that the accused have already undergone incarceration of almost one year and two months in custody without any charge being framed till date, the single-judge bench of justice Milind Jadhav, granted them bail on Tuesday. “It is settled law that an under-trial accused cannot be incarcerated for a long period without trial as it is in teeth with his fundamental right to speedy trial and personal liberty as guaranteed under Article 21 of the Constitution of India”, it said.
The court also observed that the accused have not been found in conscious possession of any contraband and the entire prosecution case is based upon the disclosure statements of the accused. Noting the lack of incriminating material on record, the court said the alleged charge of drug trade or conspiracy or illicit trade has prima facie not been established.
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