MUMBAI, INDIA – May 20, 2022 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Kunal Jagdish Gosai, arrested for possession of Ganja. The court, presided over by Special Judge V.V. Patil, granted bail in connection with C.R. No. 528/2022 registered at Dahisar Police Station.

Gosai was arrested on March 31, 2022, after police, acting on specific information, found him in possession of 1 kilogram and 30 grams of Ganja. He was charged under Section 8(c) read with 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The defense, led by Advocate Padavi, argued that Gosai was falsely implicated and that the seized quantity of Ganja was non-commercial, thus not attracting the stringent provisions of Section 37 of the NDPS Act. They also emphasized that Gosai is a permanent resident of Mumbai and assured the court he would abide by any imposed conditions.

The prosecution, represented by APP Rajput, opposed the bail application, citing Gosai’s prior involvement in two other NDPS cases and the ongoing investigation. They argued that releasing him could lead to further offenses, absconding, and tampering with evidence.

Judge Patil, after reviewing the case and hearing both sides, acknowledged that the seized Ganja was a non-commercial quantity, making Section 37 of the NDPS Act inapplicable. The court also noted that the recovery was complete.

Regarding the prosecution’s argument about Gosai’s prior NDPS cases, the court emphasized that mere registration of cases does not equate to conviction. Since the prosecution did not dispute that Gosai had no convictions, the court concluded that he could not be denied bail solely based on pending cases.

The court granted bail to Gosai, subject to the following conditions:

• Bail Bond: Gosai was required to execute a personal bond of Rs. 20,000/- with one or two sureties of the same amount.
• Police Attendance: He must report to Dahisar Police Station every Wednesday between 2:00 PM and 5:00 PM until the charge sheet is filed.
• Contact Information: Gosai and his sureties must provide their mobile numbers and correct addresses, along with the names, numbers, and addresses of two relatives.
• Identification and Residence Proof: Gosai must provide proof of identity and residence at the time of executing the bail bond.
• No Tampering: He is prohibited from tampering with prosecution witnesses or evidence.
• Cooperation: He must cooperate in the early disposal of the trial.
• No Similar Offenses: He is prohibited from committing similar offenses while on bail.
• Provisional Cash Bail: Provisional cash bail of Rs. 20,000/- was allowed for eight weeks.

This decision highlights the court’s consideration of the quantity of the seized substance and the presumption of innocence until proven guilty. The ruling also underscores the importance of balancing individual liberty with the need to prevent further offenses and ensure the integrity of the judicial process. The case will continue to be monitored as it progresses through the legal system.