Greater Bombay, October 13, 2023 – The Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, presided over by H.H. the Special Judge Shri. A.V. Kharkar (C.R.No.42), has rejected the bail application of Mahendra Kumar Chunnilalji Paliwal, a 48-year-old resident of Rajasthan. Paliwal was arrested by the Narcotics Control Bureau (NCB) in connection with F.No.NCB/MZU/CR-14/2023 for offenses punishable under Sections 8(c) read with Sections 22(c), 28, and 29 of the NDPS Act, 1985.
Paliwal’s arrest stems from the interception of another individual, Imtiyaz Kodalkar, on July 2, 2023, at Dadar Railway Station. Kodalkar was found to be in possession of a commercial quantity of Alprazolam tablets, totaling 25,000 tablets and weighing 5 kilograms.
Prosecution’s Case and Applicant’s Alleged Role:
According to the NCB, acting on prior intelligence, they intercepted Imtiyaz Kodalkar upon his arrival by the Saurashtra Express. A search of Kodalkar led to the recovery of the substantial quantity of Alprazolam. During interrogation, Kodalkar allegedly disclosed that he had sourced these tablets from the present applicant, Mahendra Kumar Chunnilalji Paliwal, and that payments were made to Paliwal through the digital payment platform PhonePe.
Applicant Claims No Recovery and Inadmissible Co-Accused Statement:
Advocate Mr. Mali, representing Mahendra Kumar Paliwal, argued that no contraband was recovered directly from his client. He contended that Paliwal had been implicated solely based on the statement of the co-accused, Imtiyaz Kodalkar, which he argued was inadmissible in the eyes of law. Mr. Mali asserted that his client could not be kept in custody without any independent evidence corroborating the alleged conspiracy.
NCB Emphasizes Ongoing Investigation and Digital Evidence:
Special Public Prosecutor (SPP) Mrs. Vibhavari Pathak, representing the NCB, countered that the investigation was in its early stages. She informed the court that the mobile phone seized from the arrested co-accused, Imtiyaz Kodalkar, had been sent for data extraction. The NCB believes that the data retrieved from this phone will establish the financial trail between Kodalkar and Paliwal through PhonePe transactions.
The court was also informed that the Nodal Officer of the mobile operator had been requested to provide the Call Detail Records (CDRs) of Kodalkar’s mobile phone. Similarly, a request had been sent to PhonePe Private Limited for information regarding the transactions made from the mobile number allegedly used for payments to Paliwal (9987200748). The NCB also stated that the call data records of Paliwal’s own mobile phone were awaited, and his phone had been sent for digital extraction.
Court’s Observations and Order:
Special Judge Shri. A.V. Kharkar, after considering the submissions from both sides and reviewing the case file, noted that the matter was indeed under investigation. The court also acknowledged the significant quantity of contraband recovered in the case.
Considering these circumstances and the ongoing nature of the investigation, the court deemed it inappropriate to release the applicant on bail at this stage. Consequently, the following order was passed:
- Bail Application No. 748 of 2023 stands rejected.
- Bail Application No. 748 of 2023 in NDPS Remand Application No. 909 of 2023 is disposed of.
The order, signed on October 13, 2023, emphasizes the court’s reluctance to grant bail in cases involving substantial quantities of narcotics, especially when the investigation is actively progressing and digital evidence potentially linking the accused to the crime is being pursued. The outcome of the mobile phone data extraction and the financial transaction details from PhonePe are likely to be crucial in the further course of the investigation and any subsequent bail applications.