NESCO Drug Overdose Case: Mumbai NDPS Court Rejects Bail Of 2 Accused, Cites Prima Facie Active Role

Mumbai, July 22: The NDPS court has rejected the bail applications of 21-year-old student Shubh Agrawal and 31-year-old security guard Pradeep Gupta, both arrested in connection with the drug overdose case at the NESCO Exhibition Centre.

Case Background

Two MBA students died and several others were hospitalised following a suspected drug overdose at a techno music concert at the NESCO Exhibition Centre on April 11.

Gupta was arrested on April 13 for allegedly allowing the alleged drug suppliers to enter through the emergency gate in exchange for money. Agrawal was arrested on April 17 for his alleged involvement in the transaction and distribution of the contraband.

Gupta's lawyer, Sakshi Mane, contended that his arrest was illegal and arbitrary. She argued that at the time of entry to the venue, a proper procedure is followed, including signing a consent form by every guest attending the concert.

The signed consent form clearly mentions that guests shall remain solely responsible for any illegal acts committed by them and undertake not to use or possess drugs or any other prohibited substance.

While Agrawal's lawyer, Rishi Bhuta, contended that he had been arrested only on the statement of a co-accused, the defence argued that the prosecution's theory regarding the purchase of contraband from a co-accused for supplying it to another co-accused, as well as the transfer of money to accused Jiya Jacob, was totally false.

Prosecution Opposes Bail

The pleas were opposed by Public Prosecutor Shankar Erande. Opposing Agrawal's bail application, he contended that Agrawal had picked up the box containing Ecstasy MDMA pills from co-accused Vineet Gerelani and handed it over to accused Pratik Pande at his residence.

Thereafter, the prosecution claimed that Pande gave the Ecstasy MDMA pills to his friends, Raunak Khandelwal and Bismad Bhasin, who then distributed them to their college friends.

In Gupta's case, the prosecution claimed that he allowed Aayush Sahitya and Vineet Gerelani, alleged suppliers of Ecstasy MDMA pills, to enter through the emergency gate in exchange for money.

The prosecution further claimed that there were exchanges of phone calls between Gupta and the two accused on the day of the event.

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Court Rejects Applications

After hearing both sides, the court rejected both bail applications, observing that the accused played an active and direct role in the commission of the crime.

The court noted that both of them, along with the other co-accused, were allegedly involved in drug peddling and had a direct nexus with the co-accused.

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