Considering the complicity of 22 accused and the fact that 112 kilos of Mephedrone (MD) is yet to be recovered, the Bombay high court has upheld the extension of 180 days granted by the special court to Pune police to complete the investigation. The police has been able to recover only 20 kilos of MD so far worth over Rs 20 crore.
Justice SK Shinde recently upheld the order of the special court observing: “Having regard to magnitude of the offence; complicity of twenty accused, who were from different field and walks of life; complicity of Foreign National; and such other facts surfaced in the investigation, in my view, the Prosecution has indicated and disclosed the progress of investigation and justified for keeping the accused in further custody that is beyond 180 days to enable them to complete the investigation.”
The HC was hearing an application filed by the accused seeking quashing of the order of the NDPS court of March 30 this year granting 180 days extension to complete investigation.
Advocates for the accused argued that the prosecution should have disclosed the nature and kind of investigation remained to be carried out as against each Applicant. However, the extension was sought on general ground which defeats the purpose and object of the relevant provisions of the NDPS Act.
Besides, they contended that so far the Prosecution has recorded the statements of 42 witnesses; collected the CDRs; recovered the commercial quantity of the contraband and hence nothing more remained to be investigated. Therefor the reasons put forth by the prosecution seeking time for completing the investigation is “completely farcical” and clearly “portrays unreasoned approach”.
Opposing the plea, additional public prosecutor AR Patil, said that probe revealed that a total of 132 kilos of MD was manufactured in the state. However, only 20 KG MD has been recovered.
The court also took note of the fact of this and observed that the prosecution is yet to recover 112 kilos of MD and investigate to whom and when, this quantity of drug was sold against consideration.
The court observed that the investigation conducted so far “has unfolded complicity of large number of persons involved in manufacturing drugs with systematic and planned approach”. Hence, the prosecution has invoked section 120-B of the Indian Penal Code for conspiracy.
“As we know, conspiracies are secretly planned and direct evidence is therefore difficult to produce and therefore in almost all cases, conspiracy is to be inferred from the circumstance pointing out one and only one hypothesis of the existence of conspiracy to commit any unlawful or illegal act,” added HC.
Although there may not be direct evidence against the appellants revealing their complicity in the crime, the prosecution has shown sufficient material against them to “infer that they all colluded, planned and then ventured to manufacture the prohibited drugs and sale the same for the consideration”.
The case background -
On October 7, 2020 on a tip off, the police intercepted a car bearing MH-12-MN4716 on the Chakan Shikrapur Road, Pune. There were five persons in the car. On searching the bags, of the occupants of the car, the police found 20KG Mephedrone (MD) i.e. commercial quantity worth Rs. 20 crores and cash Rs 23100.
On investigation, 22 persons were arrested for their complicity in manufacturing MD at Sanyog Biotech Plant at Ranjangaon MIDC owned by accused no. 7 – Ashok Sankpal, the main accused.
The investigation revealed 132 kilos MD was manufactured at Sanyog Biotech Plant at Ranjangaon, 55 kilos MD was manufactured at Mahad MIDC at Alchemy and Nimbus Pharma, 52 KG crystals of MD was found at Kandivali flat taken on rent. However, only 20 KG MD has been recovered.
