Mumbai, April 29th, 2022 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Avinash Sopanrao Gaikwad, a 30-year-old laborer from Churchgate, who was arrested for possession of 4.3 kilograms of Ganja. The court, presided over by Special Judge V.V. Patil, allowed the bail application, citing that the quantity of the contraband fell under the intermediate category, thereby exempting the accused from the stringent provisions of Section 37 of the NDPS Act.

Gaikwad was arrested on April 4th, 2022, by the Anti-Narcotics Cell (ANC) Azad Maidan Unit in connection with C.R. No. 33 of 2022, under Section 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. According to the prosecution, while on patrol near the GM Office, New Marine Lines, they found Gaikwad in a suspicious condition. Upon searching him, they discovered 4.3 kilograms of Ganja, which was seized under a panchanama.

Gaikwad’s defense, presented by Advocate Jitendra S., argued that he was falsely implicated and that the recovered quantity was non-commercial. He also highlighted the potential delay in the trial and assured the court that his client would regularly attend proceedings.

The prosecution, represented by Additional Public Prosecutor Rajput, opposed the bail, stating that Gaikwad was found in possession of a significant quantity of Ganja and had not cooperated with the investigation. They also expressed concerns that he might abscond or re-offend if released.

Judge Patil, in his order, acknowledged that the 4.3 kilograms of Ganja fell within the intermediate quantity range, not the commercial quantity, which would trigger the stringent bail conditions under Section 37 of the NDPS Act.

“Now, the quantity of contraband recovered from the applicant is intermediate quantity and not commercial quantity. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated.

The court also considered that the recovery of the contraband was complete, and Gaikwad had no prior criminal record.

“Already recovery is completed and nothing is remained to be recovered. Further applicant has no criminal antecedents,” Judge Patil noted.

Consequently, the court granted bail to Avinash Sopanrao Gaikwad, subject to the following conditions:

• Personal Bond (P.R.): Gaikwad must execute a P.R. Bond of Rs. 20,000/- with one or two sureties of the same amount.
• Police Attendance: He must attend the ANC Azad Maidan Unit office every Monday between 2:00 PM and 5:00 PM until the chargesheet is filed.
• Contact Information: Gaikwad and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• Identification and Residence Proof: Gaikwad must provide proof of identity and residence at the time of executing the bail bond.
• No Tampering with Evidence: He must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• No Similar Offenses: He must not commit similar offenses while on bail.
• Provisional Cash Bail: Permission was granted for Gaikwad to furnish provisional cash bail of Rs. 20,000/- for a period of eight weeks.

The court’s decision underscores the importance of the quantity of contraband in NDPS cases and its impact on bail conditions. The ANC Azad Maidan Unit will continue its investigation and file a chargesheet.