Mumbai, Maharashtra – April 29, 2022 – Ajay Shaligram Nikam, a 34-year-old resident of Chembur, Mumbai, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai in connection with a case involving the possession of 7 kilograms of Ganja. Despite having a prior criminal record, the court granted bail, citing the non-commercial quantity of the seized contraband.
Nikam was arrested on April 1, 2022, by the Anti-Narcotics Cell (ANC), Ghatkopar Unit, and was charged under sections 8(c), 20, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in C.R. No. 26 of 2022.
Background of the Case:
According to the prosecution, on April 1, 2022, ANC officers on patrol at a bus stop behind PWD Garden, Chedanagar, Chembur, found Nikam and another individual in suspicious circumstances. Upon searching them, they recovered 7 kilograms of Ganja from Nikam and 11 kilograms from the other accused. The contraband was seized, and both individuals were arrested.
Applicant’s Arguments for Bail:
Mr. Jitendra S., the advocate representing Nikam, argued that his client was falsely implicated in the case. He emphasized that the quantity of Ganja recovered from Nikam fell under the non-commercial category, thus excluding the application of the stringent provisions of Section 37 of the NDPS Act. He also stated that Nikam was a permanent resident of Mumbai and not a flight risk, and he assured the court that Nikam would comply with any conditions imposed.
Prosecution’s Objections:
Mr. Rajput, the APP representing the State, opposed the bail application, arguing that Nikam was found in possession of 7 kilograms of Ganja, and the other accused had 11 kilograms. He also highlighted Nikam’s prior criminal record, which included five cases, one under the NDPS Act and four under the Indian Penal Code (IPC). The prosecution argued that Nikam was a habitual offender and might re-offend or abscond if granted bail.
Court’s Decision:
His Honour the Special Judge V. V. Patil, after hearing both sides and reviewing the record, acknowledged that the quantity of Ganja recovered from Nikam was non-commercial, thus rendering Section 37 of the NDPS Act inapplicable.
Regarding the prosecution’s argument about Nikam’s prior criminal record, the court noted that Nikam had not been convicted in any of those cases. The court held that bail could not be denied solely based on pending cases.
The court also considered that the recovery of the contraband was complete, and Nikam had a permanent address in Mumbai, reducing the risk of him absconding.
Bail Conditions:
The court granted bail to Nikam, subject to the following conditions:
- Nikam must execute a Personal Recognizance (P.R.) bond of Rs. 30,000/- with one or two sureties of the same amount.
- He must attend the ANC, Ghatkopar unit office every Friday between 2:00 PM and 5:00 PM until the charge-sheet is filed.
- He and his sureties must provide their mobile numbers and correct 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 with the trial.
- He must not commit any similar offense while on bail.
- Provisional cash bail of Rs. 30,000/- was allowed for eight weeks.
Outcome:
The court’s decision reflects a balanced approach, granting bail based on the specific circumstances of the case, while imposing strict conditions to ensure the accused’s compliance and prevent any potential obstruction of justice. The decision highlights the importance of the quantity of contraband in NDPS cases and the distinction between commercial and non-commercial quantities when considering bail.