Mumbai, May 7, 2024 – Ganesh Sanmugam Naidu has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay in an NDPS case. Additional Sessions Judge K.P. Kshirsagar (Court Room No. 43) issued the order on May 6, 2024.

Naidu was arrested in connection with C.R. No. 277/2024, registered at the R.C.F. Police Station, for offenses under Section 8(c) read with Section 21(b) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Background and Allegations:

On April 18, 2024, co-accused No. 1 was apprehended with 17 grams of Heroin. During the investigation, co-accused No. 1 disclosed that he, along with Naidu and co-accused No. 3, were involved in selling Heroin, solution bottles, and corex bottles. A search of Naidu’s residence led to the recovery of 252 glass bottles containing a solution and a drum containing 40 kg of the same solution.

Arguments Presented:

Advocate Meshram, representing Naidu, argued that the quantity of Heroin recovered was an intermediate quantity, and therefore, the stringent provisions of Section 37 of the NDPS Act did not apply. He also argued that the recovered solution did not fall under the purview of the NDPS Act. He emphasized that Naidu was a resident of Mumbai and willing to abide by all conditions.

Additional Public Prosecutor (APP) Rajput, representing the State, argued that Naidu was involved in drug trafficking and that the recovered solution’s nature was still under investigation. He claimed there was a conspiracy between Naidu and the co-accused and that releasing Naidu would hamper the ongoing investigation.

Court’s Reasoning and Decision:

Judge Kshirsagar acknowledged that the quantity of Heroin was intermediate and that the rigorous provisions of Section 37 of the NDPS Act were not applicable. He also noted that no criminal antecedents were attributed to Naidu and that he appeared to be a resident of Mumbai.

The court highlighted that the prosecution was unclear about the nature of the recovered solution and that it could not be presumed to be a narcotic drug or psychotropic substance at that stage. The court also stated that mere criminal antecedents under the IPC were not sufficient grounds for rejecting bail.

The court emphasized the importance of personal liberty and the presumption of innocence. It noted that the purpose of bail was to secure the accused’s attendance at trial, not to punish or prevent. The court found that Naidu had cooperated during the investigation and was likely to cooperate during the trial.

Considering the nature and gravity of the offense, Naidu’s age and antecedents, and the prima facie material on record, the court found that releasing Naidu on bail would not prejudice the investigation or the interests of society.

Bail Conditions:

Naidu was granted bail upon executing a personal bond of Rs. 50,000 with one or more sureties of the same amount. The following conditions were imposed:

• Naidu must cooperate with the Investigating Officer and make himself available for interrogation.
• He must not tamper with prosecution evidence or influence witnesses.
• He must cooperate in the early disposal of the trial.
• He must not commit any criminal offense while on bail.
• He and his surety must provide their mobile numbers, present address, and proof of residence.

Order Details:

The order was dictated, transcribed, and signed on May 6, 2024, and uploaded on May 7, 2024, at 4:00 p.m.

This decision reflects the court’s consideration of the intermediate quantity of the seized contraband, the lack of rigorous provisions under Section 37 of the NDPS Act, the ongoing investigation into the recovered solution, and the imposition of conditions to ensure Naidu’s compliance with the legal process.