Mumbai, February 5, 2024 – In a significant ruling, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act at Greater Mumbai granted bail to Ganesh Shekhar Besta alias Ganesh Shekhar, who was accused of possessing 25 grams of Mephedrone (MD). The case, registered under Special LAC/CR No. 1087/2023 at Dharavi Police Station, falls under Section 8(c) read with Section 21(b) of the NDPS Act, 1985. The court’s decision came after a 20-day legal battle, culminating in the bail order on February 5, 2024.

Case Background

The prosecution alleged that on December 30, 2023, Besta was found in possession of 25 grams of Mephedrone, an intermediate quantity as per the NDPS Act. Based on this, the Dharavi Police arrested him and initiated legal proceedings. The accused remained in custody from the date of arrest until the court’s decision.

Defense’s Arguments

The defense, represented by Advocate Divya Gupta, contended that Besta was falsely implicated and emphasized that the quantity of the contraband was non-commercial. As a result, the stringent bail provisions under Section 37 of the NDPS Act were inapplicable. The defense further argued:

• Besta had no prior criminal record.
• He was a permanent resident of Mumbai.
• He had cooperated fully with the investigation.
• Nothing more needed to be recovered from him.
• Continued detention was unnecessary and violated his right to liberty.

Prosecution’s Stand

The prosecution, represented by APP Rajput, opposed the bail application, stating that:

• The accused was caught in possession of Mephedrone, indicating his involvement in drug peddling.
• The investigation was still ongoing, and his release could hinder further inquiries.
• Releasing the accused at this stage could impact law enforcement efforts against drug-related crimes.

Court’s Observations

After reviewing the case documents, arguments, and investigation reports, the presiding judge, Hon’ble K.P. Kshirsagar (Additional Sessions Judge, CR. 43), noted:

• The alleged quantity of Mephedrone was intermediate, not commercial.
• The rigors of Section 37 of the NDPS Act did not apply.
• The accused had no previous criminal antecedents.
• He had been in custody for over a month and had cooperated with the investigation.
• The primary purpose of bail is to ensure the accused’s presence at trial, not to serve as a pre-trial punishment.

Given these factors, the court concluded that bail could be granted without jeopardizing the investigation or public safety.

Bail Conditions

The court allowed the bail application under the following conditions:

1. Besta must furnish a personal bond of ₹50,000 with one or more solvent sureties of the same amount.
2. He must cooperate with the investigation and remain available for interrogation if required.
3. He must not tamper with evidence or influence witnesses.
4. He must cooperate for the early disposal of the trial.
5. He must not engage in any criminal activity while on bail.
6. He and his surety must provide their mobile numbers and proof of residence at the time of execution of the bail bond.

Conclusion

The court’s decision highlights the balance between an individual’s right to liberty and the need for a thorough investigation in narcotics cases. The ruling also underscores the judiciary’s commitment to ensuring that bail is granted in a fair and justified manner, especially when the accused has no prior criminal record and has cooperated with authorities.

Besta’s release on bail does not imply acquittal, and the legal proceedings will continue to determine his culpability in the case. The court’s order ensures that the accused remains available for trial while safeguarding the integrity of the judicial process.