Mumbai, May 20th, 2022 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Akash Gurushankar Das, a 43-year-old resident of Govandi, who was arrested for possession of 7 kilograms of Ganja. The court, presided over by Special Judge V.V. Patil, allowed the bail application, citing the quantity of the contraband as falling under the intermediate category, thereby making the stringent provisions of Section 37 of the NDPS Act inapplicable.

Das was arrested on April 2nd, 2022, by the Anti-Narcotics Cell (ANC) Ghatkopar Unit in connection with C.R. No. 30 of 2022. According to the prosecution, a patrolling team found Das acting suspiciously at Karbala Maidan, Mankhurd, Mumbai. Upon searching him, they discovered 7 kilograms of Ganja, which was seized under a panchanama.

Das’s defense, presented by Advocate Shinde, argued that he was falsely implicated and had no connection to the recovered contraband. He emphasized that the 7 kilograms of Ganja falls under the non-commercial quantity category, thus exempting him from the stringent bail conditions of Section 37 of the NDPS Act. He also assured the court that Das has a permanent residence in Mumbai and would abide by any conditions imposed if granted bail.

The prosecution, represented by Additional Public Prosecutor Rajput, opposed the bail, stating that Das had not cooperated with the investigation and might re-offend if released. They argued that the investigation was still ongoing and requested the court to reject the bail application.

Judge Patil, in his order, noted that the 7 kilograms of Ganja recovered from Das falls under the “intermediate quantity” category, not the commercial quantity, which would trigger the stringent bail conditions under Section 37 of the NDPS Act.

“Now, the quantity of contraband recovered from the applicant is intermediate quantity. Hence stringent provisions of Sec. 37 of NDPS Act are not applicable,” Judge Patil stated.

The court also considered that the recovery of the contraband was complete, and nothing further remained to be recovered. Das has a permanent residence in Mumbai and assured the court of his willingness to abide by any imposed conditions. Furthermore, he has no prior criminal record.

“No purpose will be served by keeping the applicant in the custody,” Judge Patil concluded.

Consequently, the court granted bail to Akash Gurushankar Das, subject to the following conditions:

• Personal Bond (P.R.): Das must execute a P.R. Bond of Rs. 30,000/- with one or two sureties of the same amount.
• Police Attendance: He must attend the ANC Ghatkopar Unit every Wednesday between 2:00 PM and 5:00 PM until the chargesheet is filed.
• Identity and Residence Proof: He must provide proof of identity and residence at the time of executing the bail bond.
• No Tampering with Evidence: He must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• No Similar Offenses: He must not commit similar offenses while on bail.
• Provisional Cash Bail: Permission was granted for Das to furnish provisional cash bail of Rs. 30,000/- for a period of eight weeks.

The court’s decision highlights the importance of the quantity of contraband in NDPS cases and its impact on bail conditions. The ANC Ghatkopar Unit will continue its investigation and file a chargesheet.