P.K.LOHRA,J. - (1.) These two bail applications under Section 439 Cr.P.C. are preferred by accused-petitioners, who are facing trial for offence punishable under Sections 8/22, 25, 29 and 38 of the Narcotics Drugs and Psychotropic Substances Act, 1985 before Special Judge, N.D.P.S. Cases, Sirohi, edificed on FIR No.D.R.I/A.Z.U.G.I.- 01/NDPS-01/2015 at Sub Unit, Jodhpur.
(2.) The charge against accused-petitioners is that they were involved in manufacturing of Mephedrone at M/s Rishi Mine Chem Pvt. Ltd., Abu Road, inasmuch as, petitioner Pranav Kansara is Director of Rishi Mine Chem Pvt. Ltd. and petitioner Manohar Lal Anani is one of the beneficiaries of the said drug, at whose instance the drug was manufactured. Although Mephedrone was earlier considered as pharmaceutical drug but after considering its ill-effects being narcotic drug and psychotropic substance, Government of India issued a Notification on 5th of January, 2015 in this regard with the solemn object to take measures for preventing and combating abuse of and illicit traffic of the said drug. As a consequence thereof Mephedrone was added at Serial No.110B of the Schedule appended to the NDPS Act. The allegation against the accused persons are that despite Notification and having knowledge about narcotic drug or psychotropic substance, on two occasions, they got manufactured huge quantity of said drug, i.e., 136 kgs. in the month of April, 2015, and 218.31 kgs. on 25th of May, 2015, on job work basis.
(3.) The precise contention of learned Senior Counsel for the petitioners is that entire edifice of prosecution case is founded on the statements of accused-petitioners recorded under section 67 of the N.D.P.S. Act and the legal position about admissibility of said statements is still fluid. Therefore, learned counsel contends that accused persons be enlarged on bail. Learned Senior Counsel has also strenuously canvassed that other incriminating evidence, the so called WhatsApp conversation is per se not inculpatory in nature inasmuch as that conversation is having no nexus whatsoever with the manufacturing of the drug or its process.;