P.K.LOHRA,J. - (1.) Genesis of these twin post-arrest bail applications is FIR No.DRI/UZU/JRU/19/INI-4/16 for offence under Sections 8(C), 22(C), 9(A), 25(A), 23(C) and 29 of the NDPS Act, 1985, therefore, both are heard together and disposed of by a common order.
(2.) Scorning in detail, the facts relevant and germane to the matter are that a letter dated 26th of October 2016 was received by Deputy Director, Directorate of Revenue Intelligence (DRI), Jaipur from DRI Mumbai. From the letter, it unfurled that huge quantity of Methaqualone tablets were lying in godown No.G-1, 347, Bhamashah Industrial Area, Kaladwas, Udaipur, which was in the name of one Subhash Dudani. Methaqualone, being psychotropic substance under the NDPS Act, at Item No. 161 in the Schedule, is liable for confiscation, therefore, immediate cognizance of the information was taken by Deputy Director, DRI to jot down a Parcha. In order to unearth truth and expose the drug scandal, a team of officers was constituted which reached the godown. On an intensive search of the godown premises, at some hidden place, huge quantity of Methaqualone tablets weighing 23320 kg were found. The incumbent, Nirmal Dudani, present at the godown, revealed to the team that entire goods lying in the godown including the Methaqualone tablets belonged to his uncle Subhash Dudani. Subsequent to that, residence of Ravi Nirmal and Subhash Dudani were searched and eight accused persons were apprehended under the aforementioned Sections of NDPS Act. With the advent of time, name of petitioner Parmeshwar Vyas also unearthed/surfaced during investigation and consequently he was also interrogated for soliciting information's under Section 67 of the NDPS Act. Taking note of the inculpatory statements and revelations of petitioner Parmeshwar Vyas under Section 67 of the NDPS and alleged disclosure of a fact that Methaqualone tablets were manufactured at his proprietorship concern Shrinath Industries, Doinda, Rajsamand, he too was taken into custody by the investigating agency on 4th of November, 2016. During investigation, information's were also solicited from certain other persons under Section 67 of the NDPS Act. Of late, when investigation progressed, in the month of April 2017, petitioner Gunjan Dudani s/o Subhash Dudani was called and information's were also solicited from him under Section 67 of the NDPS Act on 6th of April 2017 and 7th of April 2017 respectively. Thereafter, he was arrested on 8th of April 2017. After completing investigation, the investigating agency filed charge-sheet for the aforesaid offences against eight accused persons including both the petitioners.
(3.) Summery of arguments on behalf of petitioner Gunjan Dudani by learned Senior Counsel Mr. Mahesh Bora:- - Petitioner Gunjan Dudani is innocent having no connection with the business activities of main accused his father Subhash Dudani. - Acknowledging his relationship with accused Subhash Dudani as biological father and positive assertion about turbulent marital relationship between his mother Smt. Rekha and Subhash Dudani emphasized. Factum of marital discord between them, which eventually led to mutual divorce in the year 1995 coupled with the fact that petitioner pursued his studies in Computer Engineering while living with his mother, stressed. - Petitioner was called by his biological father Subhash Dudani in 2006 to undertake the work of computerization in his business of Optical Disc products and trading of Merchandises in Mumbai, Dubai and Hong Kong. - Relying on his Income-tax returns, a fact is highlighted that petitioner has not received any financial benefits from the alleged illegal business activities of his father Subhash Dudani. - Evidence collected during investigation by the DRI to prima facie nail the petitioner for aforesaid offences are hazy, opaque and falling short of requisite sting of inculpation. - Alleged incriminating information's solicited from petitioner by the investigating agency under Section 67 of the NDPS Act are inadmissible for being not voluntary and elicited under duress and coercion. - M/s. Omkar Industries Pvt. Ltd. was not used for manufacturing of Methaqualone. - Statements of Rai Singh, Sanjay Ravi Lal Patel and Pinky Jethwani not inspiring confidence. - Flagrant violation and non-compliance of mandatory provisions envisaged under Sections 42, 50, 52, 55 and 57 of the NDPS Act.;