IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 799 OF 2022
IN
C.R. No 528/2022
Kunal Jagdish Gosai
R/o : S.V. Road, Gulfadevi Chawl,,
Gulfadevi Mandir, Shantinagar,
Dongri, Dahisar(E), Mumbai.
…Applicant
V/s.
The State of Maharashtra
Dahisar Police Station
…Respondent
Appearance :Mr. Padavi, Adv. for applicant/accused.
Mr. Rajput, APP for state/respondent.
CORAM : HIS HONOUR THE SPECIAL JUDGE
V. V. PATIL (C.R. NO. 44).
DATE
: 13th May, 2022
ORDER
The applicant/accused Kunal Jagdish Gosai has moved present
application for bail u/sec. 439 of Cr.P.C., who was arrested on
31.03.2022 by officers of Respondent in C.R. No.528/2022 for offence
punishable u/sec. 8(c) r/w 20 (b) of NDPS Act, 1985.
2.

The case of the prosecution is that on the basis of specific
information received on 31/03/2022 by the officers of the respondent,
spot was raided and applicant was seen in suspicion condition, hence
he was accosted and searched. During search applicant was found in
possession of 1 kg. 30 gms. of Ganja in bag which he was carrying.
Same was seized under panchnama and applicant was placed under
arrest.

-2-
3.

The present applicant/accused has sought bail on the
grounds that he is falsely implicated in the present case. The total
seizure of Ganja seized by the prosecution is 1 kg. 30 gms. which is
of non-commercial quantity and bar of sec. 37 of NDPS Act is not
applicable. Applicant is ready to abide by any condition imposed
by the court. Applicant is permanent resident of Mumbai and not
likely to abscond. Hence he prayed for releasing him on bail.
4.

Application is opposed by respondent by filing say. It is
submitted that investigation is in progress. Applicant is a habitual
offender and there are 2 cases registered against him under NDPS
Act. If applicant is granted bail, he may commit similar types of
offence and may abscond and may tamper with evidence of
prosecution witnesses. Hence application be rejected.
5.

Perused application and say. Heard both sides. It is reflected
from the papers that on the basis of information when spot was
raided applicant was found in possession of 1 kg. 30 gms. of Ganja
which came to be seized under panchnama.
6.

Now, admittedly the contraband seized from the applicant
falls under category of non-commercial quantity. Hence stringent
provisions of sec. 37 of NDPS Act are not applicable. Furthermore,
recovery is completed and nothing is remained to be recovered.
7.

Prosecution opposed the application mainly on the ground
that applicant is habitual offender and there are 2 cases under
NDPS Act registered against the applicant and if he is granted bail,
he may commit similar offence. However, it is submitted on behalf
-3-
of applicant that he is not convicted for any offence. This fact is not
disputed by Ld. APP during course of argument. Hence I am of the
opinion that applicant cannot be denied bail merely because some
cases are registered against him, if otherwise he is entitled to be
released on bail.
8.

As submitted by the applicant, he is ready to abide by any
condition imposed by the Court. He is permanent resident of
Mumbai and not likely to abscond. No purpose would be served by
keeping the applicant behind the bars. Hence I hold that
application deserves to be allowed. Hence I proceed to pass
following order :
ORDER
1. Bail Application no. 799/2022 is hereby allowed.
2. Applicant/accused Kunal Jagdish Gosai be released in C.R.No.
528/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty
Thousand only) with one or two sureties in the like amount.
3. Applicant/accused to attend the Dahisar Police Station on every
Wednesday between 2.00 p.m. to 5.00 p.m. till filing of chargesheet.
4. Applicant/accused and his sureties 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.

-4-
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.
20,000/- for period of eight weeks.
9. Accordingly, Bail Application no. 799/2022 is disposed off.

(V. V. PATIL)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Date : 13.05.2022
Dictated on
Transcribed on
Signed on
Gr. Mumbai.

: 13.05.2022
: 13.05.2022
: 13.05.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
20.05.2022
TIME
NAME OF STENOGRAPHER
12.05 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
13.05.2022
13.05.2022
20.05.2022