Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: September 7, 2026

Case Overview

  • Bail applications filed: BA 1621/25 (Chandra Mani Matamani Tiwari), BA 1779/25 (Kamal Jayramdas Jeswani), BA 2738/26 (Mateen Babu Shaikh), BA 4352/25 (unnamed applicant). All four accused are linked to C.R. No. 364/2023 registered at Khopoli Police Station, Raigad.
  • The offences alleged under Sections 8(c), 22(c), 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The contraband initially described as MD was later identified as ketamine.
  • Prosecution’s case centers on Vighnaharta Logistics, owned by Accused No. 1, alleged to have manufactured contraband with assistance from co‑accused who supplied raw materials. Witness statements (pages 171‑173) claim money transfers to co‑accused for manufacturing purposes.
  • Accused No. 1 argues that CDRs show police pressure, that Section 42(1) and 42(2) of the NDPS Act were not complied with, and that he has no prior criminal antecedents; he is described as an import‑export businessman.
  • Accused No. 2 (manager of Vighnaharta Logistics, operating as Aanchal Chemicals) claims no direct role in the alleged trade.
  • Accused No. 4 is alleged to be an intermediary who negotiated export consignments between a Custom House Clearing Agent and Accused No. 3; no incriminating evidence found.
  • Accused No. 5 is described as a commission agent; only witness statement on page 172 mentions him. Goods recovered from his godown were intended for Accused No. 1 but were not forensically examined, and no money trail was established.
  • Money transfers detailed on page 173 are backed by invoices and work orders; they are ordinary bank transfers, not large‑denomination or suspicious amounts.
  • The Court observed that no direct recovery of contraband from any accused and no forensic link between the chemicals and final contraband substances were established. Consequently, the prosecution’s case was deemed not watertight at the preliminary stage.

Final Outcome

  • All four bail applications are granted.
  • Conditions imposed:

1. Immediate release from prison for CR 364/2023.

2. Provide a personal bond of Rs 50,000 each, with one or two sureties of equal amount.

3. Report monthly to the investigating officer on the first Monday between 10:00 a.m. and 12:00 p.m.

4. Cooperate with trial proceedings, attend all trial dates unless exempted; failure may lead to revocation.

5. No departure from India without prior trial‑court permission; passports to be deposited with the trial court within one week of release.

6. No influencing of witnesses or tampering with evidence.

7. Keep the investigating officer informed of current address and mobile number, and any changes thereof.

8. Any breach of conditions will result in cancellation of bail.

  • The Court noted that these observations are prima facie and do not prejudice the trial.

Topics: Bail, NDPS Act, Criminal Procedure