The Bombay High Court has granted bail to two licensed chemists arrested by the Narcotics Control Bureau (NCB) in connection with the alleged illegal transport of Nitrazepam tablets, a prescription hypnotic drug commonly used to treat insomnia.
Justice N.R. Borkar, while hearing the bail pleas, noted that the accused were prima facie licensed chemists and appeared to have procured the Nitrazepam tablets through legitimate means. The court’s order offers interim relief to the two, who had been in judicial custody since their arrest in May 2023.
The NCB had seized approximately 5,900 Nitrazepam tablets during a raid in Pune last year, alleging the existence of an interstate drug syndicate sourcing the medication from Bihar. According to the prosecution, the chemists were part of a supply chain treating Nitrazepam—a psychotropic substance under the Narcotic Drugs and Psychotropic Substances (NDPS) Act—as an illicit drug.
Arguing against bail, the prosecution cited the absence of documents proving lawful procurement of the tablets and submitted what it claimed to be incriminating material, including WhatsApp messages, call data records, and financial transactions linking the chemists to the alleged syndicate.
However, defence counsels Tarak Sayed and Anish Pereira, representing accused Rajesh Changude, highlighted that their client had been suffering from pulmonary tuberculosis and had remained in custody for nearly two years without commencement of trial or framing of charges. They further argued that the tablets were being sold to a reputed generic medicine manufacturer for authorised distribution.
In its order, the court questioned the scope and direction of the investigation, noting that while the chemists were arrested for their alleged role in the illegal sale, no action had been taken against the broader distribution network which had received the tablets. This, the court observed, cast doubt on the consistency and completeness of the probe.
The ruling is likely to have implications for how enforcement agencies handle cases involving licensed pharmaceutical professionals and the classification of prescription drugs under narcotics law. The matter remains under investigation.
