Mumbai, Maharashtra – April 25, 2022 – A Mumbai Special NDPS Court has granted bail to Akash Santosh Sable, a 19-year-old accused of possessing 150 grams of Ganja. The court, presided over by Special Judge V.V. Patil, granted bail after determining that the quantity of contraband fell under the “small quantity” category, making the stringent provisions of Section 37 of the NDPS Act inapplicable.

Sable was arrested on March 25, 2022, by Malvani Police Station in connection with Crime No. 121/2022, registered under section 8(c) read with 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The prosecution alleged that Sable was found selling Ganja during a police patrol, and a search revealed he possessed 150 grams of the substance.

During the bail hearing, Sable’s advocate, Mr. Padvi, argued that his client was falsely implicated and had no connection with the alleged contraband. He emphasized that the recovered quantity was small, thus exempting Sable from the stringent bail conditions under Section 37 of the NDPS Act.

The prosecution, represented by APP Mr. Rajput, opposed the bail application, arguing that Sable was possessing the Ganja for sale and that the investigation was ongoing. They expressed concerns that Sable might engage in similar offenses if granted bail.

Judge Patil, after reviewing the case records and hearing both sides, acknowledged that the 150 grams of Ganja fell under the “small quantity” category. He noted that the punishment prescribed for such an offense is up to one year, making the stringent provisions of Section 37 of the NDPS Act inapplicable.

“Now, the quantity of contraband recovered from the applicant is small quantity and punishment prescribed to the said offence is upto one year. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated in the order.

Regarding the prosecution’s argument that the investigation was ongoing, the court stated that this was not a sufficient ground to deny bail. The court also noted that the recovery of the contraband was complete, and nothing further was required from Sable.

“Prosecution opposed the application on the ground that investigation is in progress. However, this is not ground to deny the bail. Already recovery is completed and nothing is remained to be recovered,” Judge Patil noted.

The court also considered that Sable had a permanent address in Mumbai and was not likely to abscond.

The court granted bail to Sable on a personal bond of Rs. 15,000 with one surety of the same amount, subject to the following conditions:

• He must attend Malvani Police Station every Wednesday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
• He must provide 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 in the early disposal of the trial.
• He must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 15,000 was allowed for eight weeks.

This decision highlights the court’s adherence to the specific provisions of the NDPS Act, particularly concerning small quantities of contraband, and the importance of balancing the accused’s rights with the need to ensure public safety.