Cri. BA No.1134/2022
..1..

in C.R. No.90/2022
MHCC020063012022
Presented on
Registered on
Decided on
Duration
: 11-05-2022
: 11-05-2022
: 05-07-2022
: 01 month, 25 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1134 OF 2022
IN
C.R. NO.90 OF 2022
Rakesh Gorakh Nimonkar
Aged: 34 Years, Occ: Driver
R/at : Plot No. 151,
Kherwadi, Near Bhutiya Temple,
Bandra, Mumbai – 400 051.

)
)
)
)
) .. Applicant/Accused No.2
V/s.
The State of Maharashtra,
)
( At the instance of ANC Azad Maidan Unit )
Mumbai vide C.R. No.90/2022 )
) .. Respondent/Prosecution
Appearance :
Ld. Adv. Mr. S.R. Patil, for the applicant/accused.
Ld. APP Mr. P.J. Tarange, for the respondent/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE
: 05/07/2022
ORAL ORDER
This is an application for releasing applicant/accused No.2
Rakesh Gorakh Nimonkar on bail.

Cri. BA No.1134/2022
2.

..2..

in C.R. No.90/2022
Applicant/accused submits that, he was arrested by ANC
Azad Maidan Unit in Crime No.90/2022 for an offence punishable
under section 8(c) r/w 20 and 29 of the NDPS Act, 1985. At present
applicant/accused is in judicial custody. Applicant/accused further
submits that, quantity of Ganja allegedly seized from him is less than
commercial quantity.

Therefore, section 37 of the NDPS Act is not
attracted in this case. Contraband was not seized from him.
Investigation is completed. No purpose will be served by detaining him
behind bars. Trial will take long time to reach to its conclusion. He is
permanent resident of Mumbai. He is ready to abide by all conditions
those may be imposed by this Court and furnish surety. He prayed
accordingly.
3.

Prosecution resisted this application by filing its say at
Exh-2 countersigned by Ld. Additional Public Prosecutor Shri. P.J.
Tarange on the grounds mentioned therein. I have heard both sides. I
have given thoughtful consideration to submissions of both sides.
4.

Ld. Counsel appearing for the applicant/accused submitted
that, quantity of Ganja seized from each accused individually is less
than commercial quantity. Therefore, section 37 of the NDPS Act is not
attracted in this case. There is no material on record to show that,
there is conspiracy and therefore, section 37 of the NDPS Act will not
come into play.

He relied upon judgment in Criminal Application
No.2597/2006 Sangeeta Y. Gaikwad Vs. The State of Maharashtra,
order dated 03.08.2006 and submitted that, in that matter 260 grams
Heroin was recovered from accused No.1 and 10 grams each Heroin
was recovered from accused Nos.2 and 3. In this manner total 280
grams Heroin was recovered in that offence. But Hon’ble High Court
Cri. BA No.1134/2022
..3..

in C.R. No.90/2022
granted bail to accused. On the other hand, Ld. Public Prosecutor
submitted that, in matter of Sangeeta Y. Gaikwad (supra) there was no
material to indicate the conspiracy between the applicant and another
accused. Whereas in the case in hand name of accused No.3 was
disclosed by these both accused and on basis of said information
accused No.3 Ganesh Prakash Golesir was arrested and more than 61
Kg Ganja was seized from him. Accused were purchasing Ganja from
accused No.3 for the purpose of selling it in market. Thus there was
conspiracy between accused No.3 and other accused and total
contraband recovered is of commercial quantity. He drew my attention
towards the principals laid down by Hon’ble Apex Court in Union of
India Vs. Ram Samujh and Anr., Appeal (Cri.) Case No.866/1999
judgment dated 30.08.1999 and Rhea Chakraborty Vs. Union of India
AIR Online 2020 Bom 1252, to canvas seriousness of offence and its
serious consequences on society.
5.

I have given thoughtful consideration to submissions of
both sides. In this case it is alleged that, on 30.04.2022, the police
officers were on patrolling duty. They nabbed accused Nos.1 and 2 in
suspicious circumstances and seized 10 Kg Ganja from them (5 Kg
Ganja from each of them). During the course of investigation accused
told name of accused No.3 from whom more than 61 Kg Ganja was
recovered. Perusal of report of Investigating Officer reveals grounds of
objection to release applicant/accused on bail. It is specifically
mentioned that, on information given by the applicant/accused, accused
No.3 Ganesh Prakash Golesir was arrested and 61 Kg 755 grams Ganja
was seized from him. Facts of the case reveal that, both accused Nos.1
and 2 were selling said contraband. There is substance in the argument
that merely because two accused persons purchased Ganja from
Cri. BA No.1134/2022
..4..

in C.R. No.90/2022
common seller (accused No.3) that cannot lead anyone to conclude that
there was conspiracy between all three accused. But one thing is clear
that, on information given by the applicant/accused, accused No.3 was
arrested and there is an independent evidence to show that, he was also
indulging in such activity. This is also conspiracy to sale Ganja and
therefore, total amount of Ganja seized is more than commercial
quantity and section 37 of the NDPS Act will be attracted in this case.
At this stage there is no material on record to believe that,
applicant/accused is not guilty of such offence and he will not commit
any offence while on bail and therefore, this is not a fit case to exercise
discretion in favour of the applicant/accused. Hence, I proceed to pass
following order.
ORDER
1. Cri. Bail Application No.1134/2022 in C.R. No.90/2022, is rejected.
2. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.07.07
15:07:12 +0530
Date : 05/07/2022.

Dictated on
Typed on
Signed on
: 05/07/2022
: 06/07/2022
: 07/07/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Cri. BA No.1134/2022
..5..

in C.R. No.90/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
07.07.2022
TIME
NAME OF STENOGRAPHER
03.07 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. V.G. RAGHUWANSHI
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

05/07/2022
Judgment/order signed by P.O on
07/07/2022
Judgment/order uploaded on
07/07/2022