Mumbai, Maharashtra – April 25, 2022 – Lorence Samson Jorge, a 34-year-old Mumbai resident, has been granted bail by the Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) Cases in Greater Mumbai in connection with a case involving the possession of Ganja (cannabis). The court, presided over by Special Judge V. V. Patil, emphasized the relatively small quantity of the recovered contraband and the applicant’s lack of prior convictions in its decision.

Jorge was arrested on March 23, 2022, by the Sakinaka Police Station in connection with LAC/C.R. No. 443 of 2022, registered under Sections 8(c) read with 20(b)(ii) of the NDPS Act, 1985. The prosecution alleged that during a patrolling operation on the same day, police officers found Jorge in possession of 600 grams of Ganja near Ganesh Sweets, Mohini Village Pipeline, Sakinaka. This arrest followed the apprehension of another individual who was found with 1450 grams of Ganja and subsequently implicated Jorge.

Jorge, represented by Advocate Shinde, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, arguing that he was falsely implicated and had no connection to the recovered contraband. He contended that the 600 grams of Ganja allegedly found in his possession fell under the “small quantity” category as defined by the NDPS Act, therefore, the stringent provisions of Section 37 of the Act, which impose stricter conditions for granting bail, were not applicable. He further asserted that he had deep roots in the community and was willing to abide by any conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor Rajput, opposed the bail application, citing Jorge’s criminal antecedents. They argued that he had three cases registered against him and that granting him bail would likely lead to him re-engaging in similar offenses.

Judge V. V. Patil, after hearing arguments from both sides and reviewing the case records, ruled in favor of granting bail to Jorge. The court acknowledged the prosecution’s concerns regarding Jorge’s criminal antecedents but emphasized that he had no prior convictions. The judge stated that mere pending cases were not sufficient grounds to deny bail.

Furthermore, the court highlighted that the 600 grams of Ganja recovered from Jorge fell under the “small quantity” category, thus rendering the stringent provisions of Section 37 of the NDPS Act inapplicable. The court also noted that the recovery of the contraband was complete, and Jorge had a permanent address in Mumbai, reducing the risk of him absconding.

Judge Patil concluded that keeping Jorge in custody would serve no purpose and that he was entitled to be released on bail.

The court imposed the following conditions for Jorge’s release:

• A personal bond of Rs. 15,000/- with one surety of the same amount.
• Attendance at Sakinaka Police Station every Wednesday between 2:00 p.m. and 5:00 p.m. until the charge sheet is filed.
• Provision of proof of identity and residence.
• A prohibition against tampering with prosecution witnesses or evidence.
• A prohibition against committing similar offenses while on bail.
• Permission to furnish a provisional cash bail of Rs. 15,000/- for eight weeks, pending the provision of the standard surety.

The court’s decision underscores the importance of distinguishing between prior arrests and prior convictions in bail matters. It also highlights the significance of the quantity of recovered narcotics in determining the applicability of stringent bail provisions under the NDPS Act. This case serves as a reminder of the delicate balance courts must maintain between individual liberties and the need to uphold the law.