The Bombay High Court bench at Aurangabad recently granted bail to two men, booked under the NDPS law for allegedly abetting the manufacturing of contraband. The HC said that mere presence of a person at a manufacturing site isn't enough to book a person under the NDPS act.
A bench of Justice Mukund Sewlikar granted bail to Jignesh Bhanushali, 44 and Vijay Kumar Lakshmanan, 33, both arrested by the Directorate of Revenue Intelligence (DRI) in January 2018 from the borders of Maharashtra and Telangana.
The DRI seized contraband from the car in which the duo was travelling. The agency claimed that the duo were present at the manufacturing site of the contraband in Osmanabad district of the state. It claimed that two other accused had allegedly loaded the drugs in their car. It accordingly booked them for charges of manufacturing the psychotropic substance and also for abetting the offence under the NDPS provisions.
Having noted the facts of the case, the bench referred to the various provisions of the NDPS law and said that ‘manufacture’ encompasses processing, refining of such drugs or substances, transformation of such drugs or substances and making of preparation with or containing such drugs or substances.
"When a person involves himself in all these activities then only it can be said that he is involved in a manufacturing activity," the judge said, adding, "Therefore, mere presence at the site of manufacturing activity is not enough to invoke the stringent provisions of NDPS Act."
The judge further noted that the duo was not involved in processing, refining of drugs or substances their transformation and making preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances.
"Simply because someone is present at the site and is watching the manufacturing activity, provisions of the NDPS Act cannot be used against him," Justice Sewlikar said.
"Since nothing of this sort is alleged against the duo, it cannot be said they were involved in manufacturing of the drugs or substances," the judge added further saying that there has to be some overt act towards the commission of the offence.
"Therefore, simply remaining present at the site of manufacturing activity, does not amount to attempting towards the commission of the offence," the judge held while granting bail to them on surety of Rs 1 lakh each.
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