Mumbai, Maharashtra – April 25, 2022 – Habib Arif Mithaiwala, arrested for possession of Ganja, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai. The court, presided over by Special Judge V.V. Patil, granted bail, citing the small quantity of the recovered contraband and ordering weekly police station attendance.

Mithaiwala was arrested on March 30, 2022, by the Bandra Police Station in connection with C.R. No. 348 of 2022, and was charged under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was found in possession of 239 grams of Ganja.

Background of the Case:

On March 29, 2022, a patrolling team from the Bandra Police Station found Mithaiwala allegedly selling Ganja near Mahendra Kapoor Chowk. Upon searching him, they recovered 239 grams of Ganja, which was seized under a panchanama.

Applicant’s Arguments for Bail:

Ms. Achari, representing Mithaiwala, argued that her client was falsely implicated and had no connection to the recovered contraband. She emphasized that the 239 grams of Ganja fell under the “small quantity” category, making Section 37 of the NDPS Act (which imposes stringent bail conditions) inapplicable. She also argued that Mithaiwala had deep roots in society and would abide by any conditions imposed by the court.

Prosecution’s Objections:

Mr. Rajput, representing the State, opposed the bail application. He argued that Mithaiwala had not cooperated with the investigation, particularly regarding the source of the Ganja and his intended buyers. The prosecution expressed concern that Mithaiwala might re-offend if granted bail.

Court’s Observations and Decision:

Judge Patil noted that the 239 grams of Ganja recovered from Mithaiwala fell under the “small quantity” category. He highlighted that the punishment for possessing such a quantity is up to one year, making the stringent provisions of Section 37 of the NDPS Act inapplicable.

While acknowledging the prosecution’s argument that the investigation was ongoing, the court emphasized that this was not a sufficient ground to deny bail, especially since the recovery was complete. The court also considered that Mithaiwala had a permanent address in Mumbai and was unlikely to abscond.

Bail Conditions:

The court granted bail to Mithaiwala, subject to the following conditions:

• Mithaiwala must furnish a Personal Recognizance (P.R.) bond of Rs. 15,000 with one surety of the same amount.
• He must attend the Bandra Police Station every Wednesday between 2:00 PM and 5:00 PM until the charge sheet is filed.
• He must produce proof of identity and residence at the time of executing the bail bond.
• He must not tamper with prosecution witnesses or evidence and must cooperate with the trial.
• He must not commit similar offenses while on bail.
• The court granted permission for Mithaiwala to furnish a provisional cash bail of Rs. 15,000 for a period of eight weeks.

Outcome:

The court’s decision underscores the significance of the quantity of recovered contraband in NDPS cases and the inapplicability of stringent bail conditions when the quantity is small. By imposing conditions such as regular police station attendance and requiring proof of identity and residence, the court aims to ensure Mithaiwala’s cooperation with the legal process while granting him bail. The case highlights the court’s careful consideration of the evidence and legal provisions when determining bail applications in NDPS cases.