Mumbai, Maharashtra – May 5, 2022 – A Mumbai Special NDPS Court has granted bail to Anuj Gupta, accused of possessing Ganja. The court, presided over by Special Judge V.V. Patil, granted bail after considering that the recovered contraband fell under the “small quantity” category, rendering the stringent provisions of Section 37 of the NDPS Act inapplicable.

Gupta was arrested on April 19, 2022, by Customs officers in connection with F. No. SG/INV-30/21-22/SIIB(APSC) for offenses punishable under section 8(c) read with 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The prosecution alleged that on January 4, 2022, a parcel addressed to Gupta, containing 113 grams of Marijuana, was intercepted. Subsequently, on April 16, 2022, a search of Gupta’s premises resulted in the recovery of 71 grams of Ganja and other substances, including suspected Cannabis seeds and plants.

During the bail hearing, Gupta’s advocate, Mr. Ayaz Khan, argued that the seized substances fell under the “small quantity” category, making Section 37 of the NDPS Act inapplicable. He also argued that Gupta’s statements indicated personal consumption, which would fall under Section 27 of the NDPS Act, a less severe offense.

The prosecution, represented by SPP Mrs. Pathak, opposed the bail application, arguing that Gupta had deleted mobile data, including WhatsApp chats, indicating involvement in drug trafficking. They also argued that key accused were yet to be apprehended and that Gupta’s custody was necessary for further investigation.

Judge Patil, after reviewing the case records and hearing both sides, acknowledged that the recovered contraband fell under the “small quantity” category, making the stringent provisions of Section 37 of the NDPS Act inapplicable.

“Now, admittedly the contraband from the applicant falls under category of small quantity. Hence stringent provisions of sec. 37 of NDPS Act are not applicable. Offence is punishable up to imprisonment for one year. Further more, recovery is completed and nothing is remained to be recovered,” Judge Patil stated in the order.

The court also considered that Gupta was ready to abide by any conditions imposed by the court and that his continued detention served no purpose.

“Further, applicant is ready to abide by any condition imposed by the Court. No purpose would be served by keeping the applicant behind the bars. Hence I hold that application deserves to be allowed and applicant is entitled to be released on bail,” Judge Patil noted.

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

• He must attend the office of SIIB (APSC), Customs, every Wednesday between 2:00 PM and 5:00 PM until the filing of the charge sheet.
• He and his surety must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• 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.