Mumbai, Maharashtra – May 2, 2022 – A Mumbai Special NDPS Court has granted bail to Bimal Rajkumar Paswan, a 21-year-old man arrested for possessing 135 grams of Charas. The court, presided over by Special Judge V.V. Patil, granted bail after determining that the recovered Charas constituted an “intermediate quantity,” thus rendering the stringent provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, inapplicable.

Paswan was apprehended by the Anti-Narcotics Cell (ANC) of the Bandra Unit on April 6, 2022, and subsequently charged under Section 8(c) read with 20(B) of the NDPS Act, in connection with C.R. No. 37/2022.

Details of the Arrest and Allegations:

According to the prosecution, on April 6, 2022, ANC officers were on patrol near Vishal Mandir Co-op. Housing Society in Khar (W) when they encountered Paswan, who appeared suspicious. Upon attempting to flee, he was apprehended. A search revealed a white plastic bag containing 135 grams of Charas.

Arguments Presented During the Bail Hearing:

Paswan’s defense, led by advocates Mr. Pasbola and Mrs. Sharma, argued that their client was falsely implicated. They contended that Paswan had merely taken possession of the bag at the behest of his friend, Arvind Kumar, who was allegedly involved in drug dealing. Paswan claimed he was unaware of the bag’s contents.

The defense emphasized that the recovered quantity of Charas fell within the “intermediate quantity” category, which does not trigger the stringent bail conditions under Section 37 of the NDPS Act. They also highlighted Paswan’s status as a permanent resident of Mumbai and his willingness to comply with any conditions imposed by the court.

The prosecution, represented by Ld. APP Mr. Rajput, opposed the bail application, asserting that Paswan had failed to provide any incriminating information about co-accused individuals. They also expressed concerns about Paswan’s lack of a permanent residence in Mumbai, suggesting a potential flight risk.

Court’s Reasoning and Decision:

Judge Patil, after reviewing the case records and hearing both sides, acknowledged that the 135 grams of Charas recovered from Paswan constituted an “intermediate quantity.” This classification is crucial, as it exempts the case from the rigorous bail conditions mandated by Section 37 of the NDPS Act, which are typically applied to commercial quantities of drugs.

“Now, as per case of the prosecution applicant was apprehended with 135 gms. of Charas which is intermediate quantity and therefore, stringent provisions of Sec. 37 of NDPS Act would not apply,” Judge Patil stated in the order.

The court also noted that the recovery of the contraband was complete, and there was no indication of any outstanding recoveries. Furthermore, Paswan’s lack of criminal antecedents and his willingness to abide by court-imposed conditions were considered favorably.

“Recovery is completed and noting is remained to be recovered. Further as submitted on behalf of applicant, he has no criminal antecedents. He is ready to abide by all the terms and conditions imposed by the Court,” Judge Patil noted.

Addressing the prosecution’s concerns regarding absconding and tampering with evidence, the court stated that these could be mitigated through stringent bail conditions.

“So far as apprehension of prosecution regarding absconding and tampering with evidence is concerned, it can be taken care of by imposing stringent conditions,” Judge Patil stated.

Conditions of Bail:

The court granted bail to Paswan on a personal bond of Rs. 25,000 with one or two sureties of the same amount, subject to the following conditions:

• He must attend the ANC Bandra Unit office every Wednesday between 1:00 PM and 4:00 PM until the filing of the charge sheet.
• He and his sureties 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. 25,000 was allowed for eight weeks.

Implications of the Decision:

This decision underscores the importance of adhering to the specific provisions of the NDPS Act, particularly concerning the classification of drug quantities. It also highlights the court’s commitment to balancing the accused’s rights with the need to ensure public safety. By emphasizing the non-applicability of stringent bail conditions in cases involving intermediate quantities, the court has reiterated the principle of personal liberty within the framework of drug law enforcement.