MB Shipping Partner Refused Bail in Heroin Seizure Case

A bench of the Bombay HC has refused bail to a Customs clearing agent in connection with the 2020 seizure of 191.6 kg of heroin by the DRI

Bombay High Court has refused bail to a Customs clearing agent, one of four individuals accused of importing 191.6 kgs of heroin in 2020.

The case dates back to August 7, 2020, when the Joint Director of the Directorate of Revenue Intelligence (DRI) seized a container based on a tip-off. Inside the container were 1,783 wooden compartments.

Upon a thorough search, the DRI discovered 191.6 kg of heroin in the container.

Four individuals were later arrested by DRI in connection with the case.

Arguments in court

Appearing for accused Meenanath Bodake, Advocate Taraq Sayed told the HC on Friday that his client is a Customs House Agent (CHA). There is no evidence on record to show that he had knowledge about the consignment being used to smuggle contraband, Sayed argued.

He went on to say that the prosecution has not been able to establish a nexus between the accused and the recovery of contraband. The investigation is complete and a charge-sheet has also been filed, Advocate Taraq Sayed said while seeking bail for the accused.

Advocate Ruju R Thakker, appearing for the DRI, opposed the bail plea vehemently. He argued that the material on record suggests that the accused had knowledge of the contraband being transported in that container.

Accused Meenanath Bodake is a partner in a firm - MB Shipping & Logistics Solution - which acted as a Customs broker engaged to facilitate the clearance of the container in question, said the DRI's lawyer.

'Bank statements show Bodake was paid by another accused'

Justice VG Bisht of the Bombay HC, while rejecting Bodake's bail application, noted that the consignment was imported by a company named Sarvim Exports from Delhi. This means that the accused should have received payment from Sarvim Exports but instead, his bank statements show that he was receiving payment from another accused Mohammad Nauman, observed the judge.

The DRI, during the course of its investigation, had revealed that Mohammad Nauman and his associates were heading the operation to smuggle heroin. Judge Bisht also noted that the agency came across call records to show that Meenanath Bodake was in touch with the other accused.

Advocate Taraq Sayed further argued that Bodake was only concerned with clearing the consignments for his clients in exchange for his brokerage. He was not duty-bound to check and verify the source of the payment made to him, Sayed added.

However, Justice Bisht said "It is a lame excuse that does not appeal to judicial conscience. Apparently, there is something more to it than meets the eye."