Email Commissioner Export Air Cargo Complex Mumbai

Criminal Bail Application No. 1936 of 2025, 1992 of 2025 and 1984 of 2025 filed by
Mohan Babulal Jain, Anil Kumar H Pal and Ketan Kore

From : [email protected] Mon, May 12, 2025 02:01 PM

Subject : Criminal Bail Application No. 1936 of 2025, 1992 of 2025 6 attachments
and 1984 of 2025 filed by Mohan Babulal Jain, Anil
Kumar H Pal and Ketan Kore
To : [email protected]
Cc : Commissioner Export Air Cargo Complex Mumbai
<[email protected]>

Dear Sir,

This has reference to the Order dated 08.05.2025 of the Hon'ble High Court at Bombay in
the matter of Criminal Bail Application No. 1936 of 2025, 1992 of 2025 and 1984 of 2025 filed
by Mohan Babulal Jain, Anil Kumar H Pal and Ketan Kore, copy of which is attached
herewith.

In this regard, also find attached herewith the following:

1. Copy of Order dated 05.05.2025 of the Hon'ble High Court at Bombay allowing withdrawal
of Criminal Application No. 382 of 2025, 387 of 2025 and 433 of 2025 filed by Ketan Kore,
Anil Kumar H Pal and Mohan Babulal Jain and copy of praecipe moved before the Hon'ble
Court for withdrawal of the Criminal Applications.

2. Copy of Export Authorisation issued by Central Bureau of Narcotics, Gwalior.

With Warm Regards

Adv. Prasannan S Namboodiri

PSN LEGAL
Advocates & Legal Consultants

Office Address:-
A-3701, 37th Floor, Marathon Futurex,
Mafatlal Mill Compound,
N M Joshi Marg, Lower Parel,
Mumbai -400013
022-45070522
Website:- https://www.psnlegal.in

Order dated 08.05.2025 - BHC.pdf

85 KB
Order dated 05.05.2025 - Criminal Application Withdrawal.pdf
97 KB

Export Authorisation.pdf
315 KB

Praecipe dated 05.05.2025 - Anil Pal.pdf

617 KB

Praecipe dated 05.05.2025 - Ketan Kore.pdf

607 KB

Praecipe dated 05.05.2025 - Mohan Jain.pdf

616 KB
 Certificate is not valid unless its bears offical seal of the issuing
Authority hereon
Export Authorisation No.:P/EXP-12401/2025

Application No :NAM/EXP/MAR-2025/000002

NARCOTICS COMMISSIONER being the authority empowered to issue export authorisation under the Narcotic Drugs and Psychotropic
Substances Rules, 1985 hereby authorises and permits the following exportation of Psychotropic Substances from lndia :

Exporter: NAPROD LIFE SCIENCES PVT LTD

NAPROD LIFE SCIENCES PVT LTD
Plot No G17/1, MIDC Tarapur, Boisar, Dist-Palghar, Maharashtra, 401506
Thane,Boisar-Maharashtra,India,401506.

Consignee: M PLUS DISTRIBUTORS

ERF 492 DANTE STREET PROSPERITA WINDHOEK
WINDHOEK-Namibia,60103

Port of Export: Mumbai Airport,India Port of Entry: Hosea Kutako International Airport,Namibia
( Name Of Transshipment Country/Port : BOMBAY ADDIS Hosea Kutako International Airport )

Mode Of Transport: BY AIR Route: MUMBAI AIRPORT TO ADDIS TO WINDHOEK

Psychotropic Substances to be exported:
Item No of Packages Name of the substance / preparation Quantity to Name of base Basic drug substance content
No be exported substance
1 25 Cartons 5000 Vials Ketamine 2500 gm
Ketamine 50mg per ml (500mg per 10ml)
500 mg(50mg per ml (500mg per 10ml))

The exportation to be made in one consignment from the designated port of export on or before the 30-07-2025.
The importation of these drugs into the country of destination has been authorized by official import permit No.2025/081 dated 31.01.2025
issued by MINISTRY OF HEALTH AND SOCIAL SERVICES, REPUBLIC OF NAMIBIA Ministerial Building, Harvey Street, Private Bag
13198, Windhoek, Republic of Namibia , Namibia.

(LEGY THOMAS) Designation and Address of the

Date of lssue: 07/05/2025 Superintendent (Technical) lssuing Authority
Authorised Signatory Narcotics Commissioner,
Central Bureau of Narcotics,
Place of lssue: Gwalior Name and Designation of the Authorised Officer 19, The Mall, Morar,Gwalior-474006
Madhya Pradesh, INDIA

NOTE : This permit can only be verified online at https://cbnonline.gov.in/ using the QR Code below.
2025:BHC-AS:20355
501-APL-382-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.382 OF 2025
Ketan Kore …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
WITH
CRIMINAL APPLICATION NO.387 OF 2025
Anil Kumar H Pal …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
WITH
CRIMINAL APPLICATION NO.433 OF 2025
Mohan Babulal Jain …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
_______________________________________________________________
Mr. Prasannan Namboodivi, for the Applicant.
Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav, for the Respondent
No.2.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 5th MAY 2025
P.C.:

1. Not on board. Taken on board.

2. As the regular Court (Coram: R. N. Laddha, J) has passed order

directing that these matters be not placed before the said bench,

therefore, these Criminal Applications are taken up by this Court.

3. Mr. Namboodivi, learned Counsel appearing for the Applicant

states that Applicant has filed regular Bail Application and therefore

seeks withdrawal of these Criminal Applications.

Vaibhav Page No. 1

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 501-APL-382-2025.doc

4. Accordingly, the Criminal Applications are allowed to be

withdrawn and disposed of as such.

[MADHAV J. JAMDAR, J.]

Vaibhav Page No. 2

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Laxmi Sontakke
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1936 OF 2025

Mohan Babulal Jain .. Applicant

Versus
Union of India & Anr. .. Respondents
WITH
CRIMINAL BAIL APPLICATION NO. 1992 OF 2025

Ketan Kore .. Applicant

Versus
Union of India .. Respondent

WITH
CRIMINAL BAIL APPLICATION NO. 1984 OF 2025

Anil Kumar H. Pal .. Applicant

Versus
Union of India .. Respondent
....................
 Mr. Vikram Chaudhary, Mr. Vikram Nankani, Senior Advocates, Mr.
Prasannan Namboodiri, Advocate a/w. Ms. Prathibha Namboodiri,
Mr. Rishabh Sinha, Ms. Pallavi Dabak, Ms. Nakshatra Mahadik &
Ms. Nikita Gill, Advocates for Applicants.
 Mr. Jitendra B. Mishra, SPP a/w Sangeeta Yadav, Rupesh Dubey for
Respondent-Union of India in all 3 Applications.
 Mr. Rajeshree Newton, APP for the State in Criminal Bail
Application No.1936 of 2025.
...................

CORAM : MILIND N. JADHAV, J.

DATE : MAY 08, 2025
P.C.:

1. Heard Mr. Chaudhary and Mr. Nankani, learned Senior

Advocates and Mr. Namboodiri, Advocate for Applicants, Mr. Mishra,

learned SPP for Union of India and Ms. Newton, learned APP for State.

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2. These are three Applications seeking Bail in connection with

case file No. CUS/SIIB/INT/70/2025-SIIB(X) ACC for the offences

punishable under Sections 21(c), 22(c), 23(c), 25, 26, 28, 29, 30 and

54 of NDPS Act, 1985 r/w Sections 8(c) and 79 ibid and Rule 53, 58 &

66 of the NDPS Rules 1985 r/w Section 50(3)(c) of the Customs Act

1962 read with Foreign Trade (Development and Regulation) Act 1962

and DGFT Notification No. 67(RE-2007)/2004-2009 dated

27.12.2007. Applications are listed for circulation.

3. Bail Applications on board at Serial Nos. 1, 25 and 26 are

heard together. Criminal Bail Application No.1936 of 2025 (at serial

No.1) is filed by one Mohan Jain who is the Director of Naprod Life

Sciences Pvt. Ltd. (for short “the Company”), Criminal Bail Application

No.1984 of 2025 (at serial No.25) is filed by one Anil Kumar H. Pal,

who is the Assistant Manager-Exim of the Company and Criminal Bail

Application No.1992 of 2025 (at serial No.26) is filed by one Ketan

Kore who is an Employee of Macro Customs Consultants LLP the - CHA

i.e. Custom House Clearing Agent.

4. Learned Senior Advocates Mr. Chaudhari and Mr. Nankani

represent the Applicants in serial No.1 and 25 and learned Advocate

Mr. Namboodiri represents the Applicant in serial No. 26. Mr. Mishra,

learned Special Public Prosecutor represents and espouses the cause of

Union of India in all three matters. He is on notice. Application is

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served on him yesterday according to him and hence he would

persuade the Court to give him some time to take instructions and

apprise the Court about the role of the 3 Applicants in the present

crime.

5. I have heard the learned Advocates on the facts in the matter

and perused the record. Prima facie, I am of the opinion that

intervention of this Court is required in the present case. According to

Applicant in Bail Application at serial No.1, the Company desired to

export 5000 Vials of Ketamine (drug) which was manufactured by

them under license issued to them in the year 2015. However, the said

consignment was confiscated and flagged by the Customs Department

on behalf of Union of India on the ground that the said export was

invalid due to the Company not having valid

authorization/license/NOC for the purpose of such export from the

Central Bureau of Narcotics. This is the singular charge and Applicants

are arrested and incarcerated.

6. Both learned Senior Advocates would persuade the Court to

consider the admitted fact that the said drug was manufactured by the

Company under FDA license and the Company also possesses an

Export license but in so far as the issue of NOC is concerned when the

Company was made aware about the same, it immediately stopped its

consignment for further export and processed the said consignment

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back and in the interregnum, applied for the desired NOC. They would

submit that NOC is now been issued by the Central Bureau of Narcotics

CBN just two days ago to the Company for export of the said drugs.

That apart they would submit that while undertaking the export

consignment, the Company followed all possible statutory regulations,

requirements, inter alia, pertaining to the Order received, Tax Invoices,

GST Registration, payment of Shipping bills and there was no malafide

whatsoever involved in the export process. They would submit that at

the highest the Act of not having the desired NOC which was not

known to the Company would qualify as a ministerial act for which

indictment of the Company and denial of personal liberty of the

Applicants is completely unjustified. They would submit that the

Company and Applicants have deep roots in the Soceity and are law

abiding citizens. It is seen that the facts which are prima facie alluded

to hereinabove are undisputed facts.

7. Mr. Mishra, learned Special Prosecutor appearing on behalf

of the Union of India would persuade the Court to allow him to take

appropriate instructions. Mr. Mishra also informs the Court that

Applicant in Bail Application at Serial No.1 was arrested on 3 rd

February, 2025 and Applicants in Bail Applications at serial Nos. 25

and 26 were arrested on 31st January 2025. He would further submit

that prior to filing of the present applications, Applicants have also

filed several other applications / proceedings including a Contempt

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Petition in the Supreme Court and this Court and therefore the Court

will have to take cognizance of the same. Be that as it may, considering

that this is a bail court and applications filed before this Court are with

respect to enlargement on bail, this Court cannot be precluded for

considering the present applications on this ground. Role of Applicants

in the present crime needs to be prima facie seen.

8. If the above facts argued by the learned Advocates are seen

prima facie, the only question that needs an answer is whether further

custody of the Applicants is required by prosecution. Prima facie case is

made out by all three Applicants. This Court has consistently taken a

view with respect to indictment and arrest of agents as well as

executive officers of the Company who act on behalf of the Company

bonafidely in such matters and who are prima facie in a position to

show that their actions are governed and valid on the basis of statutory

provisions of law, and has held that their arrest is prima facie high-

handed. In the present case it is seen that the drug is manufactured by

the Company under a license. The only aberration was the NOC, which

has now been issued by the Statutory Authority. Applicants’ bonafides

are prima facie seen since the Company on being flagged about the

issue immediately processed back the order. In this view of the matter

the Court will have to step in. Mr. Namboodiri’s client is the CHA.

How can he be held responsible and put behind bars for his role as the

CHA is not understood. Prima facie, it is seen that the action of the

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Prosecution is high-handed in the above facts unless Prosecution will

be able to show that there was complicity and mens rea to commit the

crime. However adhering to the request of Mr. Mishra, affidavit in

reply, if any, is directed to be filed within a period one week from

today, failing which, I make it clear that the case of Applicants before

me deserves immediate indulgence by the Court as they are in prison

since January – 2025 as noted above and personal liberty is involved.

In view of paucity of time due to the ensuing summer vacation, liberty

to Applicants to move the vacation court after one week.

9. Learned Advocates appearing for the Applicants have also

attempted to address the Court on substantial transgressions on merits

which in my opinion at this stage will not be required in view of the

aforesaid facts noted by the Court. Prosecution can reply and respond

on the transgressions also in their reply.

10. List the matter on 15th June, 2025.

Laxmi Sontakke [ MILIND N. JADHAV, J. ]

Digitally
signed by
HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2025.05.08
19:15:26
+0530

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(1::"\
c
PSN LEGAL
ADVOCATES & LEGAL CONSULTANTS LLP

To,
The Registrar,
High Court, Appellate Side)
Bombay
Dated: 05.05.2025

IN THE HIGH COURT OF JUDICATURE AT MUMBAl

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 3~7 OF 2025
DIST.: MUMBAI

ANIL KU lVIAR H PAL ... APPLICANT

VERSUS
STATE OF l\1AHARASHTRA & ANn. .. . RES PONDENTS

Respected Sir,

BE PLEASED to circulate the papers and proceedings in the above captioned

matter for withdrawal of the Criminal Application before the Hon ' b!e Shri
Just ice M adhav J Jamdar on 05.05.2025 or any other date conveni erlt to thi s
Hon'ble Court.

The Hon ' ble Supreme Court in Co ntem pt Petition (C) No . 135/2 025 hac! granted
liberty to co-accused Mr. Mohan Babul al Ja in v ide Order dated 04.04.2025,
w hich reads as under:
"The proper remedy for the contempt petitioner is either to apply f or bail
or tolUe proceedings /0 1' challenging the arrest. In view o/this position, we
decline to entertain the Contempt Petition and the same is disposed of by
ke eping the rem edy open . ..
The present Criminal Applicati on was fil ed before the Order dated 04.04.2025 of
the Hon ' ble Supreme Court' s. After receipt of th e above Orde r and in terms of

A-3701, Marathon Futurex, Mafatlal Mill Compound, N. M.Joshi Marg, Lower Parel, Mumbai - 400013.
Tel.: 022 - 4507 0522 • Email: [email protected]/[email protected]
the libeliy granted therein to co-accused Mr. Mohan Babulal Jain, the Applicant
filed Bail Application No. 1984 of 2025 on 30.04.2025.

This Criminal Application was listed before Hon ' ble Shri Justice R N Laddha,
who vide Order dated 21.04.2025 directed as under:
"The aforesaid applications shall not be placed before the Bench of which
R.N.Laddha, J , is a Member. JJ

In view of the above, the Applicant desires to withdraw the Criminal Applicatiun
without prejudice TO the contentions of both sid es in the said Applicat ion. Hence
it is respectfully submitted that th~ present application may kindly be allowed to
be withdrawn.

Thanking you,

Yours faithfully ,
Fo r PSN Legrd Advocntes & L ;gnI Consulr:mrs

aS:l~'
l' .. Namboodiri
(Advocate for Petitioner)
 PSN LEGAL
ADVOCATES & LEGAL CONSULTANTS LLP

To,
The Registrar,
High Court, Appellate Side,
Bombay
Dated: 05.05.2025

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 382 OF 2025
DIST.: MUMBAI

KETANKORE ... APPLICANT

VERSUS

STATE OF MAHARASHTRA & ANR ... RESPONDENTS

Respected Sir,

BE PLEASED to circulate the papers and proceedings in the above captioned

matter for withdrawal of the Criminal Application before the Hon'ble Shri
Justice Madhav J Jamdar on 05.05.2025 or any other date convenient to this
Hon'b le Court.

The Hon'ble Supreme Court in Contempt Petition (C) No. 135/2025 had granted
liberty to co-accused Mr. Mohan Babulal Jain vide Order dated 04.04.2025 ,
which reads as under:
"The proper remedy for the contempt petitioner is either to apply f or bail
or to file proceedings for challenging the arrest. in view of this position, we
decline to entertain the Contempt Petition and the satne is di~]Jos ed of by
keeping the remedy open. "
The present Criminal Applicati on was fil ed before the Order dated 04.04.202 5 of
the Hon'b le Supreme COUli' s. After receipt of th e above Order and in terms of

A-370l, Marathon Futurex, Mafatlal Mill Compound, N. M.Joshi Marg, Lower Parel, Mumbai - 400013.
Tel.: 022 - 4507 0522 • Email: [email protected]/[email protected]
the liberty granted therein to co-accused Mr. Mohan Babulal Jain, the Applicant
filed Bail Application No. 1992 of2025 on 30.04.2025.

This Criminal Application was listed before Hon' ble Shri Justice R N Laddha,
who vide Order dated 21.04.2025 directed as under:
"The aforesaid applications shall not be placed before the Bench of which
R.N.Laddha, J, is a Member. "

In view of the above, the Applicant desires to withdraw the Criminal Application
without prejudice to the contentions of both sides in the said Application. Hence
it is respectfully submitted that the present application may kindly be allowed to
be withdrawn.

Thanking you,

Yours faithfully,
For PSN Legal Advocates & Legal Consultants

Pras an S. Namboodiri
(Advocate for Petitioner)
 PSN LEGAL
ADVOCATES & LEGAL CONSULTANTS LLP'

To,
The Registrar,
High Court, Appellate Side,
Bombay
Dated: 05.05.2025

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 433 OF 2025
DIST.: MUMBAI

1\10HAN BABULAL JAIN ... APPLICANT

VERSUS

STATE OF l\1AHARASHTRA & ANR ... RESPONDENTS

Respected Sir,

BE PLEASED to circulate the papers and proceedings in the above captioned

matter for withdrawal of the Criminal Ap pli cation before the Hon'ble Shri
Justice Madhav J Jamdar on 05.05. 2025 or any other date convenient to this
Hon'ble Court.

The Hon'ble Supreme Court in Contenipt Petition (C) No. 135/2 025 had granted
liberty vide Order dated 04.04 .2025, whi ch reads as und er:
"The proper remedy for the contempt petitioner is either to apply for bail
or to Ide proceedings for challenging the Ci!'rr?st. In view of this position, we
decline to entertain the Contempt Perition and the same is di~posed (~f by
keeping the remedy open. JJ

A-3701, Marathon Futurex, Mafatlal Mill Compound, N. M.]oshi Marg, Lower Parel, Mumbai - 400013.
Tel.: 022 - 45070522 • Email : [email protected]/[email protected]
The present Criminal Application was filed prior to the uploading of the Hon'ble
Supreme Court's Order dated 04.04.2025. After receipt of the above Order and
in terms of the liberty granted therein, the Applicant filed Bail Application No.
1936 of 2025 on 28.04.2025.

This Criminal Application was listed before Hon ' ble Shri Justice R N Laddha,
who vide Order dated 21.04.2025 directed as under:
"The aforesaid applications shall not be placed before the Bench of which
R. NLaddha, J , is a Member. }}

In view of the above, the Applicant desires to withdraw the Criminal Application
without prej udice to the contentions of both sides in the said Application. Hence
it is respectfully submitted that the present app lication may kindly be allowed to
be withdrawn.

Thanking you,

Yours faithfully,
For PSN Legal Advocates & Legal Consultants

~,
Prasannan S. Namboodiri
(Advocate for Petitioner)