Mumbai: Days after a special NDPS court rejected a plea by the Mumbai Police Crime Branch to retest drug samples in a major narcotics case after the initial forensic report returned negative for contraband, four accused arrested in the case were granted temporary bail. The accused, Rajesh Pawar, Yogesh Singh, Rohan Avsare and Pradeep Upadhyay were arrested in July 2025. The decision was based on the same forensic report that confirmed the substance seized — initially believed to be over one lakh tablets of the psychotropic drug Tramadol — was actually a non-prohibited substance. “When the chemical analysis report categorically states that the seized material is not a narcotic drug or psychotropic substance, the statutory ingredients of offences under the NDPS Act are not satisfied,” said special judge Arvind M Bhandarwar. The judge further noted that the prosecution had not indicated that the rejection order was challenged. “Therefore, continued detention of the accused would amount to violation of Article 21 (protection of life and personal liberty) of the Constitution. The prosecution itself has left it to the discretion of the court to pass a suitable order, which indicates that no further incriminating material is forthcoming,” the judge said.Defence advocates, Pranay Saraf and Mangesh Singh, argued that the negative reports broke the very foundation of the prosecution’s case, rendering the custody of the accused illegal. “Since no prohibited substance has been recovered from any of the accused, the question of determining quantity under the NDPS Act does not arise,” Saraf submitted.The judge, however, clarified that the bail is “temporary” to safeguard the prosecution’s interests, should further incriminating material surface during the investigations, the court may order the accused to return to judicial custody. The prosecution opposed the bail, citing ongoing investigations into an alleged international smuggling racket. “However, considering the quantity of material seized and the fact that chargesheet has not yet been filed, this court is of the view that the accused.. is entitled to be released on temporary bail, subject to appropriate conditions to secure his presence and ensure the fairness of trial,” the judge said in four separate orders. On July 27, 2025, when the Anti-Narcotics Cell (ANC) of the Mumbai Police intercepted a three-wheeler tempo near Amar Juice Centre in Andheri. Officers discovered three boxes containing 1.11 lakh tablets marked as ‘Tramadol Hydrochloride,’ which led to the arrest of ten accused.However, the prosecution’s case faced a critical setback when the Chemical Analysis (CA) report showed that Tramadol was not detected in the samples. Instead, the tests found Diclofenac artifact, a substance that is not listed as a narcotic drug or psychotropic substance under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.“When the chemical analysis report categorically states that the seized material is not a narcotic drug or psychotropic substance, the statutory ingredients of offences under the NDPS Act are not satisfied,” the judge stated. The judge further noted that the law is specific to certain substances, and a negative report “removes the essential factual foundation” of the crime.The court highlighted that the stringent bail conditions typically associated with drug cases do not apply when the material in question is not a prohibited drug. “The rigours of section 37 do not get triggered unless there is at least a prima facie showing that the offence involves a narcotic drug or psychotropic substance. If the CA report is negative, there is neither contraband nor quantity to assess.”
