Mumbai: A special NDPS court recently rejected the second bail plea of security guard Pradeep Gupta, ruling that taking money to grant unauthorised venue access to drug suppliers directly facilitated the distribution of 933 ecstasy MDMA pills weighing 435 grams that caused two fatal overdoses at a Goregaon event. Special judge RK Deshpande said, “Admittedly, due to consumption of said contraband, already two persons lost their lives.” The judge further held that despite the filing of the chargesheet, bail could not be granted considering the gravity of the offence, quantity of contraband, deaths of two persons and his alleged role.According to the prosecution, Safesecure company had deployed Gupta as a security bouncer for the Nesco event. The prosecution alleged that Gupta allowed accused Aayush Sahitya and Vinit Gerelani, described in the order as an “Ecstasy MDMA pills supplier,” to enter through an emergency gate without ticket and band checks after taking money. The prosecution also alleged that phone calls were exchanged between Gupta and the two accused on the day of the event.Gupta was arrested on April 13 after offences allegedly committed between April 11 and April 12. The chargesheet was filed on July 18.The prosecution further claimed that Gupta allowed 17 to 18 more people into the event without tickets or bands. The state opposed bail, saying Gupta had five earlier Indian Penal Code cases and could commit a similar offence, tamper with evidence or threaten witnesses if released.Gupta’s lawyer argued that the allegations were baseless and that no narcotic substance was recovered from Gupta. The defence said Gupta’s role was confined to working as a security guard or bouncer and that Gupta was not a permanent employee of Safesecure. The defence also argued that the security company and managers were responsible for delegating duties and Gupta only followed instructions.The defence submitted that Gupta had no role in the consent forms collected from guests, which stated that guests would remain responsible for illegal acts and would not use or possess drugs or prohibited beverages. The defence said the forms were collected by Nesco through a ticketing partner and that Gupta had no involvement. The defence also said the arrest was illegal and based on suspicion, and that the investigation was complete after the filing of the chargesheet.The court noted that the earlier bail plea had been rejected on merits and that the only changed circumstance was the filing of the chargesheet.“Because of the invalid entry, co-accused have sold Ecstasy MDMA pills in the said concert. Even on the date of event, there were exchange of phone calls between applicant and aforesaid two accused persons,” the judge said.
