Mumbai, Thane [Current Location] – April 15, 2025 – The Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, has granted bail to Rohit Deepak Shirole @ Kuki, accused no. 3 in CR.No.60 of 2023 registered with the Anti Narcotic Cell (ANC), Kandivali Unit, Mumbai. The order, dated October 21, 2023, was issued by H.H. the Special Judge (NDPS) Shri A.V. Kharkar (C.R.No.42) in Bail Application No. 725 of 2023, which was filed in NDPS Remand Application No. 912 of 2023.

Shirole was arrested for offenses punishable under Section 8(c) read with Sections 20, 22(c), and 29 of the NDPS Act, 1985, for his alleged involvement in a drug supply chain.

The prosecution’s case, as presented in court, stemmed from the apprehension of two individuals, Aniket and Ishan Dalvi, during routine patrolling on July 5, 2023. Aniket was found in possession of 0.81 grams of LBS dots, while Ishan Dalvi was carrying 8 grams of Ganja. During their custodial interrogation, both allegedly made memorandum statements implicating the present applicant, Shirole, as their source of the contraband. Ishan Dalvi also reportedly pointed out Shirole’s residence. The prosecution argued that there was a conspiracy among all the accused for the supply of contraband and that since accused no. 1 was apprehended with a commercial quantity of contraband, bail should not be granted to Shirole, identified as the supplier.

However, Advocate Ms. Munira Palanpurwala, representing Shirole, argued that no contraband was seized from her client. She contended that apart from the statements of the co-accused, there was no independent evidence linking Shirole to the crime. Ms. Palanpurwala submitted that in the absence of independent evidence establishing a prior meeting of minds and conspiracy, Shirole could not be incarcerated solely based on the statements of the co-accused.

Special Judge Kharkar, after reviewing the say filed by the prosecution, noted that the Investigating Officer failed to present any independent evidence demonstrating a conspiracy between Shirole and the other arrested individuals. The court observed that the prosecution’s statement did not point to any corroborating evidence such as Call Detail Records (CDRs), WhatsApp chats, or any other independent proof.

Considering the lack of prima facie independent evidence regarding a conspiracy between Shirole and the arrested co-accused, the court concluded that bail could not be denied solely based on their statements. Consequently, the court allowed the bail application, issuing the following order:

1. Bail Application No. 725 of 2023 is hereby allowed.
2. Applicant/Accused Rohit Deepak Shirole @ Kuku, being accused in CR.No.60 of 2023, registered with ANC, Kandivali Unit, Mumbai, for the offense punishable under Section 8(c) read with Sections 20, 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on furnishing a solvent surety and a P.R. bond of ₹50,000 (Rupees Fifty Thousand Only).
3. The applicant/accused and his surety shall provide their respective residential addresses, mobile numbers, and email addresses, if any.
4. The applicant/accused shall not tamper with evidence or offer inducement or threaten prosecution witnesses.
5. To ensure that the applicant/accused does not flee, he is required to mark his presence with ANC, Kandivali Unit, every Monday and Saturday between 11:00 a.m. and 4:00 p.m. until further order.
6. Prior to his release, the applicant/accused shall furnish his residential proof and deposit his Passport, if any, with the Investigating Officer under intimation to this Court.
7. The applicant/accused shall not commit an offense of a similar nature.
8. Bail Application No. 725 of 2023 in NDPS Remand Application No. 912 of 2023 is disposed off.

The order, dictated on October 21, 2023, transcribed on October 23, 2023, and signed on the same date, emphasizes the importance of independent evidence in establishing conspiracy, particularly in cases where the accused is implicated solely based on the statements of co-accused individuals. The court’s decision to grant bail highlights the principle that mere allegations without corroborating proof may not be sufficient grounds for continued detention. Shirole’s release is subject to stringent conditions aimed at ensuring his presence during the investigation and trial and preventing any interference with the legal process.