Bombay HC Rejects Businessman's Discharge Plea In Massive 1,837 Kg Drug Trafficking Case

Mumbai: The Bombay High Court has refused to discharge a businessman accused in a major drug trafficking case involving the seizure of over 1,837 kg of mephedrone, observing that the massive quantity of drugs recovered and the seriousness of the offence warrant a trial.

Justice MM Sathaye dismissed an application filed by Nishant Modi, observing  that the allegations against him require examination during trial and that the evidence cannot be assessed in detail at the stage of framing charges.

Emphasising the scale of the seizure, the court observed, “It is not in dispute that the seizure of contraband in the present case is huge viz. over 1837 kg of MD which is thousands of times compared to the commercial quantity. The offence involved is very serious. It is an offence against society, especially the young generation.”

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The case originated from a police interception in February 2024, which subsequently led the Narcotics Control Bureau (NCB) to uncover an alleged drug trafficking syndicate. The agency arrested 16 persons, including Modi.

Senior advocate Rajiv Chavan, representing the agency, submitted that an examination of financial transactions revealed that several payments had been made from Modi’s bank account to co-accused persons over a period of months. The NCB also relied on digital communications recovered during the forensic examination of his mobile phone, which it claimed supported the allegations against him.

Opposing the discharge plea, Chavan further pointed out that Modi had allegedly avoided multiple summons issued during the investigation. A look-out circular was subsequently issued against him, and he was intercepted at Mumbai airport upon his return from Dubai.

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Modi’s counsel, Parvez Memon, submitted that he had no connection with the alleged drug trafficking activities and that no contraband had been recovered from him. He claimed that the transactions cited by the NCB were legitimate business payments made towards packaging and handling charges in connection with his courier business, Express Hub International and Cargo, which he operated as a sole proprietorship.

Rejecting the plea, the High Court observed that whether the bank transfers represented genuine business transactions or were linked to drug trafficking was a matter that could only be determined after examining the evidence at trial.

The court held that a detailed assessment of the evidence at the stage of framing charges would amount to conducting a mini-trial. Finding sufficient grounds to proceed against Modi, it dismissed his revision application.

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