Mumbai: The Bombay High Court has granted bail to Kondiba Gunjal, 50, in a case involving the seizure of 191.60 kg of heroin worth approximately Rs 1,000 crore, citing insufficient evidence and prolonged incarceration without trial progress. Justice Bharat Deshpande allowed Gunjal’s bail application on strict conditions, including a personal bond of Rs 1 lakh.
Gunjal, a clearing agent and partner in M/s M.B. Shipping and Logistics Services, was arrested on August 9, 2021, for his alleged involvement in facilitating the clearance of a consignment that concealed the narcotics. Advocate Sujay Kantawala, appearing for Gunjal, argued that his client had no knowledge of the contraband and was merely performing his duties as a clearing agent.
The prosecution relied primarily on statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The consignment, imported under the name of M/s Sarvim Exports, was intercepted by the Narcotics Control Bureau (NCB) in 2020. Searches revealed heroin concealed in wooden structures, leading to the arrest of the accused.
Advocate Ruju Thakker, appearing for the prosecution, argued that call records and WhatsApp chats linked Gunjal to the consignment’s clearance and claimed he was in regular contact with other accused persons, including his cousin and business partner, Meenanath Bodke, who was arrested as accused number 1.
Justice Bharat Deshpande observed that apart from the Section 67 statements, there was no corroborative evidence implicating Gunjal in the smuggling of drugs. Citing a Supreme Court Judgement, the HC said that “statement under Section 67 of NDPS Act cannot be used as confessional statement in the trial of an offence under the provisions of the NDPS Act”.
It noted that Gunjal’s business activities naturally required interactions with co-accused and the handling of consignment documents. Additionally, the amounts he received for clearing the consignment were nominal and not indicative of illicit transactions.
“Admittedly the record show that present Applicant (Gunjal) and Accused No. 1 were partners in a firm dealing with clearing of the consignment. It is also claimed that… (they)… are related with each other. In such circumstance, phone calls between Accused Nos. 1 and 2 are but natural, on personal front as well as on business transaction,” Justice Deshnpande said.
Highlighting Gunjal’s three-year custody and the lack of trial progress, with the prosecution having listed 54 witnesses, the court emphasized his right to a speedy trial. The HC directed his release on bail on furnishing personal bonds of Rs 1 lakh.
