Mumbai, Maharashtra – September 1, 2023 – A Special NDPS Court in Greater Bombay has granted bail to Naushad Ahmed Rangoonwala, a 67-year-old resident of Mumbra, Thane, who was arrested in connection with the recovery of Ganja. Additional Sessions Judge K.P. Kshirsagar, presiding over the case, allowed Rangoonwala’s bail application (No. 690 of 2023) against a personal bond of ₹50,000 and one surety of the like amount, in an order dated August 29, 2023.
Rangoonwala (Accused No. 2) was booked under Section 8(c) read with Section 20(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, by the Pydhonie police station, following the recovery of Ganja from him and a co-accused.
Applicant Argues Intermediate Quantity and No Prior Criminal Record
Ld. Adv. Ms. Zehra Charnia, representing Rangoonwala, argued that the prosecution’s case stated that 2 kg 97 grams of Ganja were recovered from Rangoonwala, and 697 grams were recovered from the co-accused No. 1 on July 24, 2023. She submitted that the quantity recovered from Rangoonwala individually was intermediate, and the cumulative quantity recovered from both accused together was also intermediate under the NDPS Act. Therefore, the stringent conditions for bail under Section 37 of the Act were not applicable.
The defense also highlighted that Rangoonwala had been in custody since July 24, 2023, and there was nothing further to be recovered from him. It was stated that Rangoonwala was a permanent resident of Mumbai with no prior criminal record and was willing to abide by all conditions imposed by the court.
Prosecution Opposes Bail, Citing Seriousness of Offence and Ongoing Investigation
Ld. APP Mr. P.J. Tarange, representing the prosecution, opposed the bail application. He argued that the alleged offense was serious and that Rangoonwala might continue to commit such offenses if released on bail. The prosecution also stated that the investigation was yet not completed.
Court Emphasizes Intermediate Quantity and No Need for Further Detention
Additional Sessions Judge Kshirsagar, after perusing the application, prosecution’s reply, and other material on record, noted that Rangoonwala was accused under Section 8(c) read with Section 20(a) of the NDPS Act, 1985. The punishment for this offense can extend up to one year with a fine of up to ₹10,000.
The court acknowledged that the cumulative quantity of Ganja recovered from Rangoonwala and the co-accused was intermediate. Consequently, the stringent provisions of Section 37 of the NDPS Act were not applicable in this case.
The court also observed that Rangoonwala had been in custody since July 24, 2023, and there appeared to be nothing further to be recovered from him. The material on record indicated that Rangoonwala was a permanent resident of Mumbai. The court found that the investigation concerning Rangoonwala appeared to be almost complete.
Court Upholds Personal Liberty and Presumption of Innocence
The court reiterated the importance of personal liberty and the presumption of innocence until guilt is proven. It stated that the primary objective of bail is to secure the accused’s attendance at trial and is neither punitive nor preventive. Based on a preliminary assessment, the court found that Rangoonwala had cooperated during the investigation and had undertaken to continue cooperating during the trial. The court believed that Rangoonwala’s presence could be secured even if he was released on bail, and the prosecution’s interests could be safeguarded by imposing certain conditions.
Bail Granted with Conditions
Therefore, the court allowed Rangoonwala’s bail application, subject to the following conditions:
- Rangoonwala shall be released on executing a personal bond of ₹50,000 with one surety of the like amount.
- Rangoonwala shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
- Rangoonwala shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
- Rangoonwala shall cooperate in the early disposal of the trial.
- Rangoonwala shall not commit any criminal offense while on bail.
- Rangoonwala and his surety shall provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.
This order highlights the significance of the quantity of the seized narcotic substance in determining the applicability of the stringent bail conditions under the NDPS Act. The court’s decision to grant bail in this case underscores the consideration given to the intermediate quantity of Ganja and the court’s assessment that further detention was not necessary.