Mumbai, May 13, 2022 – The Special Judge V.V. Patil, presiding over NDPS cases at Greater Mumbai, granted bail to Vikas Sampat Garje, who was arrested for possession of cocaine. The court cited the non-commercial quantity of the recovered contraband and the completion of the recovery as reasons for granting bail.

Garje was arrested in connection with Crime No. 260/2022, registered at Vile Parle Police Station, for offenses under Section 8(c) read with 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the prosecution, on April 1, 2022, police received information that a taxi driver was selling drugs near Vile Parle Junction. A raid was conducted, and Garje was found in possession of 20 grams of cocaine.

Garje, through his advocate Mr. Bhandary, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was falsely implicated, the recovered contraband was of non-commercial quantity, and Section 37 of the NDPS Act was not applicable.

The prosecution, represented by Additional Public Prosecutor (APP) Mr. Rajput, opposed the bail, arguing that the investigation was ongoing, a wanted accused was yet to be arrested, and Garje might commit similar offenses or abscond if released.

Judge Patil, after hearing both sides and perusing the record, noted that the contraband seized from Garje was 20 grams of cocaine, which falls under the non-commercial quantity category.

“Now, admittedly the contraband seized from the applicant falls under category of non commercial quantity. Hence stringent provisions of sec. 37 of NDPS Act are not applicable. Furthermore, recovery is completed and nothing is remained to be recovered.” Said Judge Patil.

The court also observed that the recovery was complete.

“Prosecution opposed the application on the ground that investigation is in progress and wanted accused is to be arrested. However this is not a ground for denying the bail.” Said Judge Patil.

The court emphasized that the ongoing investigation and the presence of a wanted accused were not sufficient grounds to deny bail.

“As submitted by the applicant, he is ready to abide by any condition imposed by the Court. He is permanent resident of Mumbai and not likely to abscond. No purpose would be served by keeping the applicant behind the bars. Hence I hold that application deserves to be allowed.” Said Judge Patil.

Consequently, the court granted bail to Garje, ordering him to execute a personal bond of Rs. 20,000 with one or two sureties of the same amount. The court also imposed the following conditions:

• Garje must attend Vile Parle Police Station every Wednesday between 2:00 PM and 5:00 PM until the charge sheet is filed.
• Garje and his sureties must provide their mobile numbers and addresses, along with the names, mobile numbers, and addresses of two relatives.
• Garje must provide proof of identity and residence at the time of executing the bail bond.
• Garje must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• Garje must not commit similar offenses while on bail.
• Provisional cash bail of Rs. 20,000 was allowed for eight weeks.

“Applicant/accused Vikas Sampat Garje be released in C.R.No. 260/2022 on executing P. R. Bond of Rs.20,000/- (Rs. Twenty Thousand only) with one or two sureties in the like amount. Applicant/accused to attend the Vile Parle Police Station on every Wednesday between 2.00 p.m. to 5.00 p.m. till filing of charge-sheet. Applicant/accused and his sureties shall provide their respective mobile numbers and correct address of residence alongwith names of two relatives with their mobile numbers and addresses. Applicant/accused shall produce the proof of his identity and proof of residence at the time of executing the bail bond. Applicant/accused shall not tamper with prosecution witnesses/evidence in any manner and co-operate in early disposal of trial. Applicant/accused shall not commit similar offence while on bail. Ld. Advocate for applicant/accused prayed for allowing provisional cash bail for period of eight weeks. Hence, permission granted to furnish provisional cash bail of Rs. 20,000/- for period of eight weeks.” Judge Patil ordered.

The order was dictated, transcribed, and signed on May 13, 2022, and uploaded on June 6, 2022, as certified by stenographer S.W. Tuscano.

This ruling highlights the judiciary’s approach in considering the quantity of contraband and the stage of investigation when deciding bail applications in NDPS cases. It also underscores the importance of adhering to the provisions of Section 37 of the NDPS Act and ensuring that there is sufficient material on record to invoke its stringent provisions.