High Court · 2025

Hon'ble Ashutosh Srivastava,J.

1. Heard Sri Rohit Singh, learned counsel for the applicant, Sri Ashish Pandey, learned counsel representing the opposite party (N.C.B.), learned A.G.A. for the State and perused the records.

2. The instant bail application under Section 439 of Criminal Procedure Code at the instance of applicant-Akram Chunnu Khadde has been filed seeking enlargement on bail in Case Crime No. 17 of 2023, under Section 8/22, 25, 29 of N.D.P.S. Act, Police Station N.C.B., Lucknow during the pendency of the trial before the court below.

3. The bail application of the applicant was rejected vide order dated 10.01.2024 by the Additional Sessions Judge, Court No. 13, Varanasi and the applicant is incarcerated in jail since 05.08.2023.

4. It has been argued that the applicant is innocent and has been roped in this very case for ulterior motive. As per the prosecution theory as set up in the F.I.R. dated 03.08.2023 at 19.30 hours, on secret information, the S.T.F., Varanasi along with an N.C.B. Officer carried out a raid at House No. 274/04, Kadipur, P.S. Shivpur, Varanasi where from five persons including the applicant herein were arrested and 600 grams and 700 grams Mephedrone is alleged to have been recovered from the house in question. Samples from the recovered material was sent to the Central Revenue Control Laboratory, Hillside Road, Pusa, New Delhi for chemical analysis and as per the report dated 10.10.2023 the substance was found not Mephedrone, however presence of 3- Chloromethocathinone an Isomer of 4-Chloromethcothinone was detected. The recovered substance was advised to be sent to any other Government Lab. The recovered substance was sent again second time to the same Lab i.e. Central Revenue Control Laboratory, Hillside Road, Pusa, New Delhi and a report dated 27.12.2023 was submitted which confirmed that the sample did not answer positive test for Ephedrine, Mathamprhitance, Heroin, Charas, Cocaine, Nethaqualone, Ketamine but showed presence of 3-Chloromethocathinone/4- Chloromethcathinone. The report again mentioned that the sample be sent to any other Government Lab.

5. Learned counsel for the applicant has argued that despite the samples recovered from the alleged raid having been tested for Mephedrone, no positive identification of the substance recovered could be made so as to implicate the applicant in the offence alleged. It has also been argued that 3-Chloromethcathenone is not a prohibited substance and cannot be an isomer of 4- Chloromethocathinone and is not covered under the N.D.P.S. Act. It is also argued that the entire search and seizure conducted by the S.T.F. alongwith N.C.B. Officer is in clear violation of Section 42 of the N.D.P.S. Act. The co-accused-Buleshwar Nath @ Ashok Shukla has been enlarged on bail vide order dated 07.11.2023 passed in Crl. Misc. Bail Application No. 44701 of 2023. The bail of another co-accused namely Sandeep Indrajeet Tiwari was granted by the court below vide order dated 04.12.2023. The criminal antecedent of one other case against the applicant has been sufficiently explained. It is accordingly prayed that applicant be enlarged on bail.

6. Per contra, Sri Ashish Pandey, learned counsel for the N.C.B. in opposition to the bail plea submits that the applicant was arrested on the spot along with the seized contraband and there are sufficient documentary and other evidences to prosecute the applicant. Chemical examination of the seized substance has given positive test for 3-Chloromethcathenone an isomer of 4- Chloromethcathinone, which is a prohibited substance under the N.D.P.S. Act inserted vide Central Government Notification So. 1275(E) dated 23.03.2021 and finds place at Serial Number 110Z of the Schedule. The recovered substance has been added in the list of psychotropic substance specified in the Schedule to the N.D.P.S. Act, 1985. The search and seizure has been carried out strictly as per law and there is no illegality in the same. The applicant has been involved in trafficking of contraband/narcotic substance, which is a crime against the society. It is accordingly prayed that the bail plea of the applicant deserves to be rejected.

7. I have heard learned counsel for the parties and have perused the records. Much emphasis has been laid by learned counsel for the applicant that the alleged substance recovered from the house in question has been found not to be Mephedrone as alleged in the F.I.R. No recovery has been made from the body of the applicant as per the arrest memo. The chemical examination of the alleged substance in both the reports i.e. 10.10.2023 and 27.12.2023 reveals that it is not Mephedrone. The reports however show the presence of 3-Chloromethcothemon which is an isomer of 4- Chloromethcathinone. A perusal of the Schedule to the N.D.P.S. Act shows that Mephedrone (International non proprietary name) (4-Methylmethcathinone (4-MMC), 4-Methylephedrine (other non-propriety names) (RS)-2-Methylamino-1-(4- Methylphenye) propan-I-one) chemical name has been mentioned in the list of psychotropic substances at Serial No. 110-B. The Schedule further mentions 4-CMC (4-Chloromethcathenone) at Serial No. 110-ZJ as a psychotropic substance. The N.D.P.S. Rules, 1985 in Schedule I mentions Mephedrone (International non-propriety name, 4-MMC (other non propriety name), (RS)-2- Methylameno-1-(4-Methylphonyl) propan-1-(chemical name) as a psychotropic 3- Chloromethcathinome an isomer of 4-Chloromethcathinone has not been specifically mentioned in the Schedules under the N.D.P.S. Act and the Rules framed thereunder but the Schedules clearly provide for salts and preparations of the Psychotropic Substances mentioned in the Schedules. Thus this Court prima facie does not find any substance in the submission of learned counsel for the applicant that the recovered substance is not a prohibited substance under the Act so as to render the proceedings under the Act as vitiated. The said aspect is however left open for consideration in the trial. Though, substance.

8. Accordingly, bail application stands dismissed. Order Date :- 7.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) RAVI PRAKASH High Court of Judicature at Allahabad

Hon'ble Ashutosh Srivastava,J.

1. Heard Sri Rohit Singh, learned counsel for the applicant, Sri Ashish Pandey, learned counsel representing the opposite party (N.C.B.), learned A.G.A. for the State and perused the records.

2. The instant bail application under Section 439 of Criminal Procedure Code at the instance of applicant-Akram Chunnu Khadde has been filed seeking enlargement on bail in Case Crime No. 17 of 2023, under Section 8/22, 25, 29 of N.D.P.S. Act, Police Station N.C.B., Lucknow during the pendency of the trial before the court below.

3. The bail application of the applicant was rejected vide order dated 10.01.2024 by the Additional Sessions Judge, Court No. 13, Varanasi and the applicant is incarcerated in jail since 05.08.2023.

4. It has been argued that the applicant is innocent and has been roped in this very case for ulterior motive. As per the prosecution theory as set up in the F.I.R. dated 03.08.2023 at 19.30 hours, on secret information, the S.T.F., Varanasi along with an N.C.B. Officer carried out a raid at House No. 274/04, Kadipur, P.S. Shivpur, Varanasi where from five persons including the applicant herein were arrested and 600 grams and 700 grams Mephedrone is alleged to have been recovered from the house in question. Samples from the recovered material was sent to the Central Revenue Control Laboratory, Hillside Road, Pusa, New Delhi for chemical analysis and as per the report dated 10.10.2023 the substance was found not Mephedrone, however presence of 3- Chloromethocathinone an Isomer of 4-Chloromethcothinone was detected. The recovered substance was advised to be sent to any other Government Lab. The recovered substance was sent again second time to the same Lab i.e. Central Revenue Control Laboratory, Hillside Road, Pusa, New Delhi and a report dated 27.12.2023 was submitted which confirmed that the sample did not answer positive test for Ephedrine, Mathamprhitance, Heroin, Charas, Cocaine, Nethaqualone, Ketamine but showed presence of 3-Chloromethocathinone/4- Chloromethcathinone. The report again mentioned that the sample be sent to any other Government Lab.

5. Learned counsel for the applicant has argued that despite the samples recovered from the alleged raid having been tested for Mephedrone, no positive identification of the substance recovered could be made so as to implicate the applicant in the offence alleged. It has also been argued that 3-Chloromethcathenone is not a prohibited substance and cannot be an isomer of 4- Chloromethocathinone and is not covered under the N.D.P.S. Act. It is also argued that the entire search and seizure conducted by the S.T.F. alongwith N.C.B. Officer is in clear violation of Section 42 of the N.D.P.S. Act. The co-accused-Buleshwar Nath @ Ashok Shukla has been enlarged on bail vide order dated 07.11.2023 passed in Crl. Misc. Bail Application No. 44701 of 2023. The bail of another co-accused namely Sandeep Indrajeet Tiwari was granted by the court below vide order dated 04.12.2023. The criminal antecedent of one other case against the applicant has been sufficiently explained. It is accordingly prayed that applicant be enlarged on bail.

6. Per contra, Sri Ashish Pandey, learned counsel for the N.C.B. in opposition to the bail plea submits that the applicant was arrested on the spot along with the seized contraband and there are sufficient documentary and other evidences to prosecute the applicant. Chemical examination of the seized substance has given positive test for 3-Chloromethcathenone an isomer of 4- Chloromethcathinone, which is a prohibited substance under the N.D.P.S. Act inserted vide Central Government Notification So. 1275(E) dated 23.03.2021 and finds place at Serial Number 110Z of the Schedule. The recovered substance has been added in the list of psychotropic substance specified in the Schedule to the N.D.P.S. Act, 1985. The search and seizure has been carried out strictly as per law and there is no illegality in the same. The applicant has been involved in trafficking of contraband/narcotic substance, which is a crime against the society. It is accordingly prayed that the bail plea of the applicant deserves to be rejected.

7. I have heard learned counsel for the parties and have perused the records. Much emphasis has been laid by learned counsel for the applicant that the alleged substance recovered from the house in question has been found not to be Mephedrone as alleged in the F.I.R. No recovery has been made from the body of the applicant as per the arrest memo. The chemical examination of the alleged substance in both the reports i.e. 10.10.2023 and 27.12.2023 reveals that it is not Mephedrone. The reports however show the presence of 3-Chloromethcothemon which is an isomer of 4- Chloromethcathinone. A perusal of the Schedule to the N.D.P.S. Act shows that Mephedrone (International non proprietary name) (4-Methylmethcathinone (4-MMC), 4-Methylephedrine (other non-propriety names) (RS)-2-Methylamino-1-(4- Methylphenye) propan-I-one) chemical name has been mentioned in the list of psychotropic substances at Serial No. 110-B. The Schedule further mentions 4-CMC (4-Chloromethcathenone) at Serial No. 110-ZJ as a psychotropic substance. The N.D.P.S. Rules, 1985 in Schedule I mentions Mephedrone (International non-propriety name, 4-MMC (other non propriety name), (RS)-2- Methylameno-1-(4-Methylphonyl) propan-1-(chemical name) as a psychotropic 3- Chloromethcathinome an isomer of 4-Chloromethcathinone has not been specifically mentioned in the Schedules under the N.D.P.S. Act and the Rules framed thereunder but the Schedules clearly provide for salts and preparations of the Psychotropic Substances mentioned in the Schedules. Thus this Court prima facie does not find any substance in the submission of learned counsel for the applicant that the recovered substance is not a prohibited substance under the Act so as to render the proceedings under the Act as vitiated. The said aspect is however left open for consideration in the trial. Though, substance.

8. Accordingly, bail application stands dismissed. Order Date :- 7.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) RAVI PRAKASH High Court of Judicature at Allahabad