Shiva @ Shivaji Ambadas Shinde vs. State Of Maharashtra

Facts

The applicant, Shiva @ Shivaji Ambadas Shinde, is seeking bail in connection with Crime No. 460 of 2023, registered for offences under the Narcotic Drug and Psychotropic Substances Act, 1985. The prosecution alleges recovery of 4.870 kg of MD contraband from a rented shed, which did not belong to the applicant. A statement indicated that the rent for the shed was split between two accused. The applicant was arrested on November 30, 2023, and has been in custody for approximately 2 years and 11 months. Charges have not yet been framed, and five of the ten accused have been granted bail. The applicant claims to run a lawful business in his wife's name, Mayuri Enterprises, supplying raw materials with invoices and GST bills for fertilizer manufacturing, and refutes the prosecution's case that these materials were used for contraband manufacturing.

Held

The Court held that the applicant had made out an arguable case for grant of bail. The Court noted that the applicant was running a lawful business under his wife's name, Mayuri Enterprises, since 2022, supplying chemicals to multiple entities, including schools and colleges, with invoices and GST bills. The Court found that the prosecution had not prima facie established the applicant's knowledge that the supplied raw material was intended for the manufacture of the alleged contraband. Given this lack of prima facie evidence regarding the applicant's knowledge and the fact that he was in custody for a significant period, with other co-accused already released on bail, the Court found sufficient grounds to grant bail. The applicant was directed to be released on bail upon furnishing a Personal Recognizance Bond of Rs. 50,000/- with sureties, subject to several conditions, including reporting to the Investigating Officer monthly, cooperating with the trial, not leaving the state without permission, and not influencing witnesses or tampering with evidence. The Court clarified that these observations were solely for the purpose of bail and would not influence the trial on its merits.

Key Issues

1. Whether the applicant has made out a prima facie case for grant of bail under the Narcotic Drug and Psychotropic Substances Act, 1985, considering the quantity of contraband and his alleged involvement in supplying raw materials. The applicant argued that he was running a lawful business under his wife's name, Mayuri Enterprises, supplying chemicals with proper invoices and GST bills to various entities for fertilizer manufacturing. He contended that the prosecution had not established his knowledge of the end-use of the supplied raw material for manufacturing contraband. The applicant also highlighted that he was in custody at the time of the incident and that five other co-accused had already been granted bail. The revenue (State) argued that the applicant supplied raw material for the alleged contraband manufacturing.