- (1.) Leave granted.
(2.) Grant of bail to the respondent by a learned single Judge of Bombay High Court is questioned by the Narcotics Control Bureau (in short the "NCB"). The respondent is facing trial for alleged commission of offences punishable under Section 29 read with Sections 8(c), 22, 28 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act'). The allegations against the respondent Dilip Pralhad Namade (hereinafter referred to as 'the accused') were that he was involved in the manufacturing of mandrax tablets and he is the person who has supplied the technical know-how of preparation for the tablets. 2-A. Officers of the appellant-Bureau, Mumbai Zonal Unit, got information that one Suresh Faturmal Jain was travelling in a Red Ford Escort car and was carrying 20,000 Mandrax Tablets to be delivered to two persons at a particular place. Acting on the information, two officers of the Bureau went to the vicinity of the place where the tablets were to be delivered. Two persons were called to act as Panchas. They found that there were three persons travelling in the car. The officers searched the car and arrested all the three occupants. One of them were Suresh Futormal Jain and others were Karakutti Karan Anthony and Rajeev Shirook. From the bags, 20 Kgm. of Mandrax Tablets were recovered. Statement of all the three accused persons were recorded and on the basis of certain facts disclosed in the statements, a search was taken up by the Officers and 650 Kgs. of chemicals used for manufacturing Mandrax tablets were recovered. During the course of investigation, other persons were also searched and enquiries were made. The case against the respondent-accused was that he was instrumental in helping the other accused persons in setting up a plant and machinery for manufacture of Methaqualone Powder and Mandrax Tablets. With the help of others, the respondent along with accused No. 10 manufactured eleven lakhs Mandrax tablets on three occasions for other accused persons. He had also visited the factory of accused No. 13 for the purpose of procurement of the Mandrax Tableting Machineries etc.
(3.) A bail application was filed by the respondent-accused, which was rejected on 27-8-2001 by the Special Judge. Subsequently an application was filed on 21-6-2002 before the Special Judge for direction to the prosecuting agency to supply copies of certain documents purported to have been recovered from his house. The Special Judge directed the prosecution to furnish the copies.;