KRUNAL SURESH PATELversusTHE UNION OF INDIA

      R/CR.MA/18839/2025                               ORDER DATED: 12/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 18839 of 2025

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                            KRUNAL SURESH PATEL
                                    Versus
                           THE UNION OF INDIA & ANR.
==========================================================
Appearance:
MR. AADITYA D BHATT(8580) for the Applicant(s) No. 1
CHANDNI S JOSHI(9490) for the Applicant(s) No. 1
MR UTKARSH R SHARMA(6157) for the Respondent(s) No. 1,2
MR. J.K.SHAH, APP for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 12/08/2026

                                    ORDER

1.       The Applicant has filed this Application under Section 439 of the
Indian Penal Code for enlarging the Applicant on Regular Bail in
connection with FIR being F.No. D/RI/AZU/GI-02/ENQ-01/NDPS/2024
in Special NDPS Case No. 46 of 2024 pending before the Court of
Special Court (under NDPS Act), at Ahmedabad for the offence under
Sections 22, 23, 24, 25, 27-A, 28 & 29 read with Section 8(c) of NDPS
Act, 1985.

2.       Heard learned Advocate Mr. Aaditya D. Bhatt for the Applicant,
learned APP Mr. J.K.shah appearing for the Respondent – State and
learned Advocate Mr. Utkarsh R. Sharma appearing on behalf of
Respondent No.2 – Directorate of Revenue Intelligence, DRI, Zonal Unit,
Ahmedabad.


3.       Learned Advocate appearing for the Applicant submitted that the
Applicant herein was working in the company namely M/s Megashri
Agri Pharma as a Chemist and it was his duty as a Chemist to monitor the


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     R/CR.MA/18839/2025                            ORDER DATED: 12/08/2026




process of manufacture. The Applicant herein was not aware what was
being manufactured and therefore he cannot be held liable for the
activities of the company. He further submitted that as per the material
available on record, after the seizure of the contraband substance which
was stored at the Ahmedabad Air Cargo Complex. As per the provisions
of Section 55 of the NDPS Act, the substance was required to be stored
with the local police station. The place at which the substance was stored
was not a police station and therefore the provisions of Section 55 of the
NDPS Act has been violated. He also submitted that various mandatory
provisions of the NDPS Act including Section 52(A) have been violated
of by the investigating agency and therefore the benefit of the same must
go to the present Applicant. He further submitted that the substance
namely Hydroxylimine Hydrochloride is exposed to heat which would
convert into Ketamine. There are all chances that when the substance in
question was stored at the Air Cargo Facility, due to non conducive
atmosphere, some chemical reaction must have taken place, because of
which the substance of Ketamine may have been found during
examination. He further submitted that the Applicant has been arrested in
connection with the present offence on 18.01.2024. Thus the Applicant
has undergone incarceration for a period of two and half years and still
even the charge is not framed against the present Applicant. He therefore
submitted to allow the present Application and enlarge the Applicant on
bail subject to suitable conditions.

5.      Learned Advocate Mr. Utkarsh Sharma appearing for Respondent
No.1 – Union of India - The Directorate of Revenue Intelligence, DRI,
Zonal Unit, Ahmedabad, has opposed the present Application contending
that the present Applicant was holding the qualification of B.Sc.
Chemistry and was holding the post of a Chemist in the company and
therefore he cannot claim that he was not aware about the substance being


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     R/CR.MA/18839/2025                              ORDER DATED: 12/08/2026




manufactured in the factory of the company. He therefore submitted to
dismiss the present Application.


6.      Learned APP for the Respondent – State has also opposed the
present application for grant of regular bail and submitted that looking to
the nature of offence, this Court may not exercise the discretion in favour
of the applicant and the Application may be dismissed.

7.      Heard learned Advocates appearing for the respective parties. It is
the case of the prosecution against the accused in the present case is that
the company with which they were associated was having a license to
manufacture Hydroxylimine Hydrochloride which is considered to be a
precursor for manufacturing of Ketamine. It is a contraband substance. It
is further the case of prosecution that under the guise of manufacturing
Hydroxylimine Hydrochloride, the company i.e. Megashri Agri Pharma
was manufacturing Ketamine and the said substance i.e. Ketamine was
being exported to Thailand by the company. On the basis of secret
information gathered by the Respondents, a shipment was intercepted by
the Respondent Authorities. The shipment in question was dispatched by
M/s Megashri Agri Pharma           Cham Private Limited to Bangkok and
Thailand.      Upon local examination by the concerned authorities, the
shipment was found containing contraband substance of Ketamine.

8.      The Applicant herein was working in the company as a Chemist.
The material available on record indicates that the Applicant was
involved in hatching a conspiracy for committing the offence in question.
The record also indicates that the process for manufacturing of the
substance was also shared to the present Applicant by the other co-
accused. Being a Chemist, the Applicant was directly involved with the
manufacturing activity of the company.


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          R/CR.MA/18839/2025                                                             ORDER DATED: 12/08/2026




   9.         From the bare perusal of the papers of investigation, it appears that
   the petitioner along with the other co-accused was running a racket for
   manufacturing and export of the contraband substance under the guise of
   the product which the company was licensed to manufacture.                                                          The
   quantity of the contraband substance involved in the case is a commercial
   quantity and therefore the rigours of Section 37 of the NDPS Act would
   come into play.

   10.        In view of the aforesaid discussion, no case for exercising
   discretion in favour of the Applicant is made out. Hence, the Application
   is dismissed.

                                                                                             (M. R. MENGDEY,J)
   J.N.W / SB I/3




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 12/08/2026 15:45:00




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