Mumbai, April 20, 2024 – The Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, presided over by Special Judge A.V. Kharkar, rejected the bail application of Arjun Lalji Gupta, accused No. 1 in a case involving the seizure of 500 grams of cocaine. The order, dated April 18, 2024, was made public on April 20, 2024.

The bail application, numbered 674 of 2023 and arising from NDPS Remand Application No. 882 of 2023 (CNR NO.MHCC02-011872-2023), was filed by Arjun Lalji Gupta, a 22-year-old driver from Nalasopara (East), Palghar. He was arrested by the Directorate of Revenue Intelligence (DRI), Mumbai Zonal Unit, in connection with File No.DRI/MZU/C/INT-75/2023 for offences punishable under various sections of the NDPS Act, including Section 8(c) read with Sections 21(c), 22(c), 27A, 28, 29, and 30.

Advocate Mr. Mithilesh Mishra appeared for the applicant/accused, while SPP Mr. Munde represented the DRI/Respondent.

In his plea for bail, Arjun Gupta claimed innocence, asserting that his identity card and Aadhar Card were misused to falsely implicate him in the alleged drug offenses. He argued that due to this alleged misuse of his documents, he was entitled to be released on bail.

However, the court, after hearing both sides and perusing the case details, outlined the prosecution’s case, which led to the applicant’s arrest:

• On June 28, 2023, DRI received confidential information about a parcel, bearing a specific waybill number and addressed to one Arjun Gupta, likely containing narcotics.
• Following this intelligence, a DRI team, accompanied by panch witnesses, intercepted the parcel at the Air Cargo Complex, Sahar, Andheri East.
• Upon opening the parcel, authorities discovered 500 grams of Cocaine concealed within.
• The parcel was reportedly sent by Gheiner Rivera Naranjo of Costa Rica and was addressed to Arjun Gupta, with a contact phone number 918448607439.
• DRI officers obtained permission for a controlled delivery of the parcel.
• During the attempted controlled delivery by the Courier Service Agency, the person who answered the provided phone number identified herself as Poonam Sharma and refused to accept the parcel.
• Subsequently, the officers contacted the number provided in the Know Your Customer (KYC) documents associated with the parcel.
• The individual who answered this call instructed the courier agency to deliver the parcel to a specific location.
• The applicant, Arjun Lalji Gupta, was apprehended when he accepted the controlled delivery after verifying the details on the parcel.

The court noted that the fact of the controlled delivery and the apprehension of the applicant while receiving it were not disputed by the defense. The primary contention of the applicant was the alleged misuse of his KYC documents.

In his analysis, Special Judge A.V. Kharkar distinguished the present case from the precedent cited by the applicant, the case of Krishna Murari Prasad. The court pointed out that in the current matter, the person alleged to be the mastermind behind the contraband import, identified as Samson Okro, had also been arrested.

Crucially, the court observed that the applicant had failed to provide any evidence to support his claim that his KYC documents were lost or misused. Furthermore, the fact that the applicant was apprehended while personally accepting the controlled delivery, and that the parcel was addressed to him based on the KYC documents, indicated his prima facie involvement in the offense.

The court also highlighted the significant factor that the seized contraband, 500 grams of Cocaine, constitutes a commercial quantity under the NDPS Act. This triggers the stringent bar of Section 37 of the Act, which imposes limitations on the grant of bail in such cases.

Special Judge Kharkar stated that the applicant had failed to demonstrate that he satisfied the narrow parameters of Section 37, specifically failing to establish that there were reasonable grounds to believe that he is not guilty of the alleged offense.

Based on these considerations, the court proceeded to reject the bail application.

The final order issued by Special Judge A.V. Kharkar was as follows:

1. Bail Application No. 674 of 2023 stands rejected.
2. Bail Application No. 674 of 2023 in NDPS Remand Application No. 882 of 2023 is disposed of.

This order underscores the strict approach taken by the special court in cases involving commercial quantities of narcotics, particularly when the accused is directly linked to the possession and acceptance of the contraband. The burden on the accused to overcome the bar of Section 37 of the NDPS Act is significant, requiring a demonstration of the lack of reasonable grounds for believing their guilt. The court’s emphasis on the applicant’s apprehension during the controlled delivery and the absence of evidence supporting the claim of document misuse were key factors in the denial of bail.