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2025 DAILYLAW 1324 (MAN)

Mehul Desai v. Narcotics Control Bureau (NCB)

BAIL APPLN./16/2025 · 2025-09-01

A Guneshwar Sharma

Special Leave Petitionbody2025

Judgment text

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195 IN THE HIGH COURT OF MANIPUR AT IMPHAL Bail Appln No.16 of 2025 Mehul Desai … Applicant -Versus- Narcotics Control Bureau (NCB) … Respondent BEFORE HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA 2.9.2025 Heard Mr.Jiaul Haque, learned counsel along with Ms.Carolin Kasar, learned counsel for the applicant and Mr.W.Darakishwor, learned Sr.PCCG for the Narcotic Control Bureau (NCB). By the present application, the applicant pray for releasing him on bail. He is one of the co-accused in connection with NCB Crime No.02/NCB/Imp/2023 under Section 21(c), 25A, 26 & 29 of the ND & PS Act 1985. This is the second Bail Application filed by the accused person. It is submitted that the main accused Mr.Bhadresh Patel, who is co-accused in the same case has already been released by the Hon’ble Supreme Court vide order dated 29.7.2025 in SLP (Crl) No.2622/2025 on the ground of long incarceration in custody for two years and slow progress in trial. Mr.Jiaul Haque, learned counsel for the applicant also submits that relying on the order dated 29.7.2025 of the Hon’ble Supreme Court, this Court has already released one Harshal Desai, vide order dated 12.8.2025 in Bail Application No.14 of 2025 on the ground of slow progress and long incarceration. It is also submitted that the present applicant has also satisfied all the conditions of long incarceration in custody and slow progress of the trial and accordingly the present applicant be also released on the same ground. Mr.W.Darakishwor, learned Sr.PCCG has pointed out that the role of the present applicant as Director, Adors Drugs Pvt Ltd is enumerated in page 110 of the application and in the charge sheet submitted by the NCB to the Trial Court. It is also submitted that since the release of other co-accused only on the ground of long incarceration inn custody and slow progress in trial and not on the merit of the case, this court may release the applicant on the same parity and it may be made clear that the same is not on merit of the case. This Court considered the materials on record and perused the order dated 29.7.2025 passed by the Hon’ble Supreme Court and order dated 12.8.2025 passed by this Court and the reasons for releasing the co –accused on the ground of long incarceration in custody and slow progress. In the circumstance, the application is allowed. The applicant is to be released on bail with the following conditions. i) The accused/applicant be released on bail on his furnishing PR bond of Rs.3,00,000/- (Rupees three lakh) only with one surety (local Government Employee of the State of Manipur) of the like amount to the satisfaction of the learned Special Court, NDPS, Manipur. ii) The accused/applicant should co-operate with the prosecution and he should make himself available for appearance before the Special Judge, NDPS, Manipur in the trial as and when required. iii) The accused/petitioner should not leave the State of Manipur without prior permission of the learned Special Court, NDPS, Manipur. It is made clear that if the accused/applicant violates any of the conditions given hereinabove, the respondent is at liberty to approach this Court for modification or cancellation of this order. Send a copy of this order to the learned Special Judge, NDPS, Manipur at Lamphelpat, Imphal for information. JUDGE Priyojit RAJKUMA R PRIYOJIT SINGH Digitally signed by RAJKUMAR PRIYOJIT SINGH Date: 2025.09.02 17:15:53 +05'30'