IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 1002 OF 2022
IN
F. NO.SG/INV-30/21-22/SIIB(APSC)
Anuj Gupta
Age : 28 yrs.,
R/o : House no. 1374/A,
Mazzil Vaddo,
Salcete Benaulim, Goa.
…Applicant
V/s.
SIIB (APSC), Customs
F. NO.SG/INV-30/21-22/SIIB(APSC)
…Respondent
Appearance :Mr. Ayaz Khan, Adv. for applicant/accused.
Mrs. Pathak, SPP for customs/respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 5th May, 2022
ORDER
The
applicant/accused
Anuj
Gupta
has
moved
present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
19.04.2022 by officers of Respondent in F. NO.SG/INV-30/21-22/
SIIB(APSC) for offence punishable u/sec. 8(c) r/w 23(c) & 29 of NDPS
Act, 1985.
2.

The case of the prosecution in short is that on 4.1.2022 parcel
tracking no.EE215819260CA was presented for examination as it was
emanating smell of Ganja. Said parcel was examined. The sender of
the parcel was one Amanda Turner, 2533 Fernwood Road, Victoria BC
V8T 2Z8 and recipient Shri Anuj Gupta H. No. 1374/A Mazil Vaddo,
Salcete, Benaulim, Goa. On opening the parcel was found containing
3 transparent polythene packets containing some plant like green leafy
substance purported to be Marijuana. On weighment, total weight was
found to be 113 gms. Same was seized under panchanama dtd.
4.1.2022.

-2-
3.

After almost three and half months, on 16.4.2022, a search
was conducted at the alleged premises of the applicant by the
Customs officers at Goa. The same resulted in recovery of 71 gms.
Ganja, 4 packets of unidentified substance weighing 110 gms., buds
weighing 80 gms. kept in black non-transparent plastic bag
appearing to be Ganja, 2 home potting bags filled with potting soil
seeded with suspected Cannabis seeds, plants of 2 inches suspected
to be live Cannabis, 12 gms. loose dried leaves appearing to be
Cannabis, Cannabis crusher and two rolled cigarettes of Cannabis.
The applicant was taken to the office of Customs, where his
statement u/sec. 67 of NDPS Act is recorded and he was arrested
at 21.00 hrs. on 19.4.2022.
4.

The present applicant/accused has sought bail on the
grounds that he is wrongly implicated in the present case. From
the averments in the remand application with regards to the
alleged seizure of 4.1.2022 is concerned, the material seized is
green leafy substance, the same does not fit within the ambit of
NDPS Act. The total seizure of Ganja seized by the prosecution is
small quantity of Ganja and bar of sec. 37 of NDPS Act is not
applicable. Further remand application and statement of applicant
reflects that he was only into personal consumption of Ganja.
Hence he could only be tried u/sec. 27 of NDPS Act. Applicant has
no criminal antecedents. Hence he prayed for releasing him on
bail.
5.

Application is opposed by respondent by filing say. It is
submitted that in his statement applicant stated that he
is a
frequent buyer and consumer of Ganja and he buys Ganja from
-3-
various points of Goa from different persons. He has deleted all his
mobile data including whatsapp chat, photos, etc. It was noticed
that he has been added in many whatsapp groups including two
groups namely Psy AB and Herb Lovers in which chats are deleted.
Respondent has reason to believe that applicant has committed
offence u/sec. 23(A) of NDPS Act. Investigation is being carried
out. If applicant is granted bail, he may tamper with evidence of
prosecution witnesses. Key accused and conspirators involved in
the case are yet to be apprehended. Custody of the applicant is
necessary for cracking the complete nexus of persons involved in
the drug trade. Hence application be rejected.
6.

Perused application and say. Heard both sides. Perusal of
record reveals that
examined
transparent
a parcel tracking no. EE215819260CA was
on 4.1.2022
which
found containing
3 non-
polythene packets containing some plant like some
green leafy substance purported to be Marijuana. The total weight
was found to be 103 gms. Sender of the parcel was one Amanda
Turner and
recipient was applicant – Anuj Gupta.

Further on
16.4.2022, house search of the applicant was conducted which
resulted into 71 gms. of Ganja and other substances. It is submitted
on behalf of applicant that the offence is punishable up to one year
and offence is triable by Ld. M. M. Court. Further more, recovery
is completed and custody of present applicant is not necessary.
Hence he be granted bail.
7.

Per contra, it is submitted by Ld. SPP that wanted accused
are yet to be arrested and custody of applicant is necessary for
further investigation.

-4-
8.

Now, admittedly the contraband from the applicant falls
under category of small quantity. Hence stringent provisions of
sec. 37 of NDPS Act are not applicable. Offence is punishable up to
imprisonment for one year. Further more, recovery is completed
and nothing is remained to be recovered.
9.

Further, applicant is ready to abide by any condition imposed
by the Court. No purpose would be served by keeping the applicant
behind the bars. Hence I hold that application deserves to be
allowed and applicant is entitled to be released on bail. Hence I
proceed to pass following order :
ORDER
1. Bail Application no. 1002/2022 is hereby allowed.
2. Applicant/accused Anuj Gupta be released in F. NO.SG/INV30/21-22/SIIB(APSC) on executing P. R. Bond of Rs.15,000/- (Rs.
Fifteen Thousand only) with one surety in the like amount.
3. Applicant/accused to attend the office of SIIB (APSC), Customs
on every Wednesday between 2.00 p.m. to 5.00 p.m. till filing of
charge-sheet.
4. Applicant/accused and his surety shall provide their respective
mobile
numbers
and
correct
address
of
residence
alongwith names of two relatives with their mobile numbers and
addresses.
5. Applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the bail bond.
6. Applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early disposal
of trial.
7. Applicant/accused shall not commit similar offence while on
bail.
8. Ld. Advocate for applicant/accused prayed for allowing
provisional cash bail for period of eight weeks. Hence,
permission granted to furnish provisional cash bail of Rs.
15,000/- for period of eight weeks.

-5-
9. Accordingly, Bail Application no. 1002/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Date : 05.05.2022
Dictated on
Transcribed on
Signed on
Gr. Mumbai.

: 05.05.2022
: 05.05.2022
: 05.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
05.05.2022
TIME
NAME OF STENOGRAPHER
5.30 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri V. V. Patil
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
05.05.2022
05.05.2022
05.05.2022