Mumbai, Maharashtra [India] – [Insert Date of News Publication, likely late September 2023]: A local court in Greater Bombay has granted bail to Aaditya Punjari Wagh, alias Aditya Punjahari Wagh, who was arrested by the Deonar Police for alleged possession of 11 grams of Methylenedioxymethamphetamine (MD), a psychotropic substance. The order, issued by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, presided over by H.H. the Special Judge Shri. A.V. Kharkar, was delivered on September 25, 2023.

Wagh was apprehended in connection with Special LAC/CR.No.289/2023, registered at the Deonar Police Station, for offences punishable under Section 8(c) read with Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

According to the prosecution’s case, as detailed in the court order, officers from the Deonar Police Station’s patrolling team stopped the accused on July 25, 2023, based on suspicion. Wagh allegedly provided evasive answers during the initial interaction, prompting the officers to request the presence of Police Inspector Khatpe at the location.

Upon PI Khatpe’s arrival, two independent witnesses (panch witnesses) were called to the scene. The accused was then informed of his rights under Section 50 of the NDPS Act, which pertains to the right to be searched in the presence of a gazetted officer or a Magistrate. Following this, a search was conducted, which allegedly resulted in the discovery of 11 grams of MD in Wagh’s possession. Consequently, he was arrested and charged under the relevant sections of the NDPS Act.

Advocate Ms. Puja Yadav represented the applicant/accused, arguing for bail. Her primary contention was that the quantity of the seized contraband, 11 grams of MD, falls under the category of a “non-commercial quantity” as defined under the NDPS Act. This argument is significant because Section 37 of the NDPS Act, which imposes stringent conditions for granting bail in cases involving commercial quantities and certain other offences, would not be applicable in this scenario.

The Additional Public Prosecutor (APP) Mr. Wajeed Shaikh, representing the State, opposed the bail application, citing that the investigation into the matter was still ongoing. He argued that considering the seriousness and gravity of the alleged offence, the accused’s bail should be rejected.

However, after reviewing the submissions and the case details, Special Judge Shri. A.V. Kharkar noted a crucial factor in favor of the accused. The court order explicitly mentions that “on perusal of the say it reflects that there are no past antecedents” of the accused. This lack of any prior criminal record, coupled with the non-commercial quantity of the seized substance, appears to have weighed heavily in the court’s decision.

Considering these factors, the court ultimately allowed Bail Application No.737 of 2023, leading to the following order:

Order:

1. Bail Application No.737 of 2023 is hereby allowed.
2. Applicant/Accused Aaditya Punjari Wagh @ Aditya Punjahari Wagh, accused in Special LAC/CR.No.289 of 2023, registered with Deonar Police Station, for the offence punishable under Section 8(c) read with Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be released on furnishing a solvent surety and a Personal Recognizance (P.R.) bond of Rs. 50,000/- (Rupees Fifty Thousand Only).
3. The applicant/accused and his surety are required to provide their respective residential addresses, mobile numbers, and email addresses, if any, to the court.
4. The applicant/accused is strictly prohibited from tampering with any evidence related to the case or from offering any inducement, threat, or promise to any prosecution witnesses.
5. To ensure the applicant/accused’s presence during the ongoing legal proceedings, he is mandated to mark his presence at the Deonar Police Station every Monday and Saturday between 11:00 a.m. and 4:00 p.m. until further orders from the court.
6. Before his release from custody, the applicant/accused must furnish his residential proof to the Investigating Officer and deposit his passport, if he possesses one, with the Investigating Officer, with intimation to the Special Court.
7. The applicant/accused is explicitly directed not to commit any offence of a similar nature in the future.
8. Bail Application No.737 of 2023 in NDPS Remand Application No.948 of 2023 is disposed of.

The order was pronounced in open court on September 25, 2023, and subsequently signed and uploaded on September 29, 2023.

This case highlights the nuances of the NDPS Act, particularly the significance of the quantity of the seized substance and the accused’s prior criminal history in determining bail applications. While the investigation into the alleged drug possession continues, Aaditya Punjari Wagh has been granted conditional release, emphasizing the court’s consideration of individual circumstances within the framework of the stringent drug laws. The conditions imposed by the court aim to ensure the accused’s cooperation with the investigation and prevent any potential obstruction of justice.