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Bombay High Court

LILU PRADHAN @ NILU SUHAS PRADHANversusUNION OF INDIA AND ANR

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the applicant as there is no prima facie evidence of his involvement in the alleged narcotics offence.

Summary

The applicant, accused No.4 in a narcotics case involving 48 kg of ganja seized from a bus, was arrested based on statements of co‑accused but no contraband or incriminating material was recovered from him or his premises. He has been in custody for over a year without charges being framed. The applicant sought enlargement of bail, arguing lack of evidence linking him to the offence, while the prosecution relied on his alleged role as a supplier and bank transactions showing cash deposits. The court noted the absence of any seized narcotics from the applicant, no direct link between his bank deposits and the drug offence, and his clean antecedents, concluding that prima facie there is no basis to deny bail. Accordingly, the court granted bail with a cash bond and several conditions, emphasizing that the decision is limited to the bail application and the trial court will determine guilt on merits.

Issues considered

  • Whether bail should be granted to an accused under the NDPS Act when no narcotics or related evidence have been recovered from him.
  • Whether the applicant's bank transactions constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • no contraband recovered
  • bank transactions
  • pre‑trial detention
  • bail conditions

Judgment

Prasad Rajput
    (P.A.)                                          15_BA_3608_2025.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                  BAIL APPLICATION NO.3608 OF 2025

Lilu Pradhan @ Nilu Suhas Pradhan                       …Applicant
      Versus
The Union of India and Anr.                             …Respondents


Mr. Kamlesh M. Satre, for the Applicant.
Ms. Manisha S. Jagtap, Spl. PP for the Respondent No.1 –
      NCB.
Ms. Poonam P. Bhosale, APP for the Respondent No.2 – State.


                         CORAM            DR. NEELA GOKHALE, J.
                         DATED:           17TH FEBRUARY 2026
PC:-


1.                By this Application, the Applicant seeks his

enlargement on bail in connection with C.R. No.23 of 2024

dated           23rd October, 2024 registered with the Narcotics

Control Bureau (NCB), Mumbai Zonal Unit, Mumbai, for the

offences punishable under Sections 8(c) read with Section

20(b)(ii)(C), 27(a), 28 and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short ‘NDPS’). In all

there are five accused persons involved in the present offence.

The applicant is Accused No.4.



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Prasad Rajput
    (P.A.)                                        15_BA_3608_2025.doc


2.              The brief facts of prosecution the case are that the

officials of NCB Zonal Unit, Mumbai received intelligence that

two persons namely Deepak Biswal and Samir Kanhar were

traveling in a bus, coming from Odisha heading to Mumbai,

carrying substantial quantity of ganja. Acting on the said

information, the NCB officials intercepted the bus. After

complying with the mandatory provisions of the NDPS Act,

searched the bus and the accused and recovered 48 Kgs of

ganja. Both the Accused Nos.1 and 2 were arrested. Upon

further investigation of these two accused, Deepak Biswal

revealed the name of Accused No.3 namely, Prashant Nayak as

the person who was to receive the said contraband. Based on

this information, the said statement, Accused No.3 Prashant

Nayak was arrested who in turn revealed his involvement in

procurement, transport and selling of ganja. On a disclosure

statement of Accused No.3, the present Applicant was

arrested.




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Prasad Rajput
    (P.A.)                                       15_BA_3608_2025.doc


3.              Mr. Satre submits that nothing was recovered from

either the person of the Applicant or from his premises. He

further submits that the Applicant was arrested since he was

in touch with other accused. The investigation revealed

certain UPI and bank transactions. The Applicant was arrested

on 3rd November 2024 and is in jail since then. No charges are

framed till date. He thus, prays that the Applicant be enlarged

on bail.



4.              Per contra, Ms. Jagtap, learned Spl. PP brought to

my attention the averments made by the Sub-inspector, NCB,

in his affidavit dated 4th December, 2025 affirmed before the

Notary Public. She submits that since the Applicant’s name

was revealed by Accused No.3 - Prashant Nayak, as being

supplier of ganja to various customers, he is implicated in the

alleged offence. She further brings to my attention the bank

transactions which reveal that he has deposited cash in his

own account. According to Ms. Jagtap, this clearly establishes

his role as a distributor of ganja, procured from other accused




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Prasad Rajput
    (P.A.)                                       15_BA_3608_2025.doc


for cash, which he deposited in his own account. In these

circumstances, Ms. Jagtap resists the bail.



5.              I have heard learned counsel for the respective

parties and perused the record of the case with their

assistance.



6.              Admittedly, no contraband was recovered from the

present Applicant nor from his premises. The Applicant was

arrested on 3rd November 2024 and has suffered incarceration

for one year and three months without the charges being

framed.         Save and except bank statement showing cash

deposits made in his account by Applicant himself, there is no

link to the said amount to drug related offence. In these

circumstances and in the facts of the present case, prima facie

there is a reason to believe that the Applicant has not

committed the alleged offence. Moreover, there are no

antecedents against the present Applicant, it is unlikely that

he would commit a similar offence if released on bail.




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Prasad Rajput
    (P.A.)                                        15_BA_3608_2025.doc


7.              Hence, I am inclined to enlarge the Applicant on

bail. It is accordingly ordered as under:-



                                    ORDER

      i)        The Applicant be enlarged on bail, on

      executing PR Bond in the sum of Rs.50,000/ with

      one or two local sureties in the like amount;



      ii)       The Applicant shall attend the Trial Court

      concerned on each and every date unless exempted

      by the orders of the Trial Court concerned;



      iii)      The Applicant shall also attend the Police

      Station concerned once in a month between 11:00

      a.m. to 02:00 p.m.;



      iv)       If the Applicant has not deposited his passport

      he shall deposit the same with the Police Station

      concerned;




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Prasad Rajput
    (P.A.)                                       15_BA_3608_2025.doc


      v)        The Applicant shall not leave India, without

      the permission of the Trial Court;



      vi)       The Applicant shall not tamper or attempt to

      influence or contact the complainant, witnesses or

      any person concerned with the case;



      vii)      The Applicant shall inform his latest place of

      residence and contact number immediately after

      being released and / or change of residence or

      mobile details, if any, from time to time to the Court

      seized of the matter and to the Investigating Officer

      of the Police Station concerned;



      viii)     The Applicant to co-operate with the conduct

      of the trial;



      ix)       Any infraction of the aforesaid conditions

      shall entail cancellation of bail.




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Prasad Rajput
    (P.A.)                                             15_BA_3608_2025.doc


8.              Application is allowed in the above terms and is

accordingly disposed of.



9.              It is made clear that the observations made herein

are prima facie and are confined to this Application and the

learned Trial Judge to decide the case on its own merits,

uninfluenced by the observations made herein.




                                                 (DR. NEELA GOKHALE, J)




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