Mumbai, Maharashtra – January 31, 2024 – A Special NDPS Court in Greater Mumbai has rejected the bail application of Rahul Anil Jaiswal, a 23-year-old resident of Varanasi, Uttar Pradesh, who was arrested in connection with a significant seizure of codeine-based cough syrup. Special Judge B. Y. Phad, presiding over the case, denied bail in his order dated January 25, 2024.
Jaiswal was implicated in Crime No. 55/2023, registered by the Anti-Narcotics Cell (ANC), Ghatkopar Unit, Mumbai, under Sections 8(c) read with 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Accused Claims Innocence and Exploitation
In his bail application (No. 793/2023), Jaiswal claimed innocence and alleged false implication. He portrayed himself as a less educated individual unaware of how a company named Weldon Pharma was established in his name and how substantial amounts were illegally deposited into his bank account. He asserted that he never withdrew these funds and worked as a tea and water bottle vendor near Banaras Railway Station.
Jaiswal further alleged that one Sanjay Singh, who was initially arrested and later released by the police, had fraudulently obtained his signature on the pretext of opening a bank account. He pointed out that the 284 syrup bottles seized were recovered from accused nos. 1 and 2, and the total codeine content (140 grams) was significantly less than the commercial quantity. He stated he had been in jail since June 22, 2023, has a permanent residence, and was willing to provide surety and comply with bail conditions.
Prosecution Alleges Illegal Supply and Financial Trail
The Investigating Officer strongly opposed the bail application, submitting a reply detailing the seizure of a large quantity of codeine-based cough syrup. According to the prosecution, accused nos. 1 and 2 were found in possession of 570 bottles of PHENSIREST cough syrup containing Codeine Phosphate. Subsequent interrogation revealed that accused no. 1 had purchased an additional 40 boxes containing 5760 such bottles, which were also seized.
The investigation revealed that accused no. 1 had been depositing money into the bank account of the applicant, Rahul Jaiswal, who held an account with Bank of Baroda in Varanasi. This led to Jaiswal’s arrest. The prosecution claimed that Jaiswal had confessed to the crime in association with one Anil Kailasnath Chaurasia, a statement allegedly corroborated by witness Rajeshkumar Ramji Jaiswal. Anil Chaurasia was also subsequently arrested.
The prosecution alleged that Jaiswal was dealing with the contraband without a valid license or permit and was supplying it to accused nos. 1 and 2. They further stated that accused nos. 3 and 4 had sent money to M/s. Knox Pharmaceuticals in Delhi, revealing a larger racket of illegal codeine cough syrup supply allegedly run by accused no. 3. Call Detail Records (CDR) reportedly showed communication between accused nos. 1 to 4. The prosecution argued that if released on bail, Jaiswal might abscond, tamper with evidence, and pressure witnesses. They also highlighted that Jaiswal had allegedly obtained a pharmaceutical license illegally for the illicit sale of the syrup.
The prosecution further traced a financial trail, alleging that the sale proceeds from the seized bottles were transferred by accused no. 1 to Jaiswal’s Weldon Pharma bank account, from where the money was further transferred to M/s. Knox Pharmaceuticals in Delhi and subsequently to Smilex Health Care Pvt. Ltd., indicating a larger network.
Court Finds Prima Facie Link and Applicability of Stringent NDPS Provisions
After considering the arguments from both sides, Special Judge B. Y. Phad noted that it was undisputed that Jaiswal was a Director of Weldon Pharma, the entity in whose account the sale proceeds from the seized contraband were deposited by accused no. 1. Given the substantial quantity of contraband seized, the court stated that it could not be concluded at this stage that Jaiswal had no connection with the alleged crime.
The court emphasized that the quantity of the seized substance was “huge and commercial,” thus attracting the stringent provisions of Section 37 of the NDPS Act. This section imposes strict conditions for granting bail in cases involving commercial quantities, requiring the court to be satisfied that the accused is not guilty and is unlikely to commit further offenses while on bail.
The court1 concluded that it could not be stated with certainty that Jaiswal would not commit a similar offense if released on bail. Therefore, the court found no merit in the bail application and proceeded to reject it.
This order underscores the strict approach adopted by the special court in cases involving commercial quantities of narcotics, particularly when there is a financial trail linking the accused to the illegal trade. Rahul Anil Jaiswal will remain in custody pending further legal proceedings.