Manipur High Court: In a case where the accused was allegedly involved in misbranding of Pseudoephedrine (controlled substance) as a normal drug, by putting up fake labels of ordinary drug and assisting in transporting the same to Myanmar through Manipur, a Single Judge Bench of A. Guneshwar Sharma, J., keeping in view of seizure of huge quantity of controlled substance which has potential of using in the manufacturing of narcotic substance and other incriminating material and likelihood of non-availability during trial and trans-border operation, stated that it was not inclined to grant bail. Thus, the Court dismissed bail application of the NDPS accused who were allegedly participating in misbranding a controlled substance as normal drug.
Background
A bail application was filed by the accused persons under Section 439 of the Code of Criminal Procedure, 1973 read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). Accused 1 was employed for about 6-7 years with an Ahmedabad based pharmaceutical firm operating since 2002, while accused 2 was employed with the same company for about 20 years.
As per the charge-sheet, the NCB allegedly recovered 533 plastic pouches/packets, with each packet containing 1000 numbers (weighing 110.5 kg) of suspected Pseudoephedrine falsely labelled as “Cetrizine Hydrochloride Tablets 10 MG Levocet” along with 860 grams of suspected heroin from the house of co-accused. It was alleged that accused were involved in the sale and trafficking of a large quantity of Pseudoephedrine by affixing fake labels and facilitating its distribution. It was alleged that the accused were involved in the sale and trafficking of a large quantity of Pseudoephedrine by affixing fake labels and facilitating its distribution. Call Detail Records revealed regular contact between the petitioners and other co-accused, at the time of the alleged delivery.
The accused were arrested by NCB and formal arrest memos were issued and Search-cum-Seizure list was prepared. The accused filed first bail application before the Special Judge, (NDPS), Manipur, which was rejected as there were no reasonable grounds to believe that the accused persons were not guilty of the said offences. Similarly, the other two bail application filed by the accused was dismissed on various grounds.Thus, the accused approached the High Court.
Analysis, Law, and Decision
The Court observed that the main allegation against the accused was misbranding of controlled substance by putting up fake labels of ordinary drug and assisting in transporting the same to Myanmar through Manipur. The Central Government declared “Pseudoephedrine” as a controlled substance vide notification dated 28-12-1999 published in the Gazette of India.
The accused were alleged to have facilitated co-accused from Manipur who visited Gujarat to procure the controlled substance. From the record, it was noted that the accused were not just normal employees but participated in misbranding of the controlled substance as normal drug. They also actively assisted their employer in transporting huge quantity of controlled substance under concealed identity. It is noted that this controlled substance could be used for manufacturing of narcotic substance and the call records indicated numerous callings between the accused and co-accused. The Court emphasised that the non-applicability of the strict rigors of Section 37 of NDPS Act to the controlled substance, will not make it compulsory bail to the accused. Accordingly, the Court dismissed the bail applications keeping in view, the seizure of huge quantity of controlled substance which has potential of using in the manufacturing of narcotic substance and other incriminating material and likelihood of non-availability during trial and trans-border operation.
[Anilbhai Nayaka v. Union of India, 2025 SCC OnLine Mani 379, decided on: 24-7-2025]
Advocates who appeared in this case:
Advocate for the Petitioners- T. Momo, Sr. Advocate; N. Diana, Advocate
Advocate for the Respondents- W. Darakeshwar, Sr. PCCG
Buy Code of Criminal Procedure, 1973 HERE
