Mumbai, April 12, 2024 – Rohit Satyadev Rajbhar @ Natya Babu has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay. Special Judge A.V. Kharkar (Court Room No. 42) issued the order on April 10, 2024.
Rajbhar was arrested by Mankhurd Police Station in C.R. No. 51 of 2024 for offenses under Section 8(c) read with Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). He was found in possession of 4 kilograms and 100 grams of Ganja.
Background and Allegations:
On February 20, 2024, during routine patrolling, Mankhurd Police Station officers found Rajbhar standing beside the road. After detaining him and arranging panch witnesses, a search of his bag revealed 4 kilograms and 100 grams of Ganja.
Arguments Presented:
Advocate S.R. Patil, representing Rajbhar, argued that the seized quantity was a non-commercial quantity, thus the stringent provisions of Section 37 of the NDPS Act would not apply. He also raised concerns about non-compliance with statutory provisions regarding search and seizure.
Additional Public Prosecutor (APP) Geeta Nayyar opposed the bail, stating that the investigation was ongoing and the gravity of the offense warranted rejection of the bail application.
Court’s Reasoning and Decision:
Judge Kharkar noted that the seized contraband was a non-commercial quantity, meaning the stringent provisions of Section 37 of the NDPS Act did not apply. He also considered the quantity of the seized contraband and the absence of any criminal antecedents.
Based on these factors, the court found no impediment to granting bail to Rajbhar.
Bail Conditions:
Rajbhar was granted bail upon furnishing a solvent surety and a personal bond of Rs. 50,000. The following conditions were imposed:
- Rajbhar and his surety must provide their residential addresses, mobile numbers, and email addresses.
- Rajbhar must not tamper with evidence or offer inducement or threaten prosecution witnesses.
- To ensure his presence, Rajbhar must mark his presence at Mankhurd Police Station every Wednesday and Friday between 11:00 a.m. and 4:00 p.m. until further order.
- Before his release, Rajbhar must furnish his residential proof and deposit his passport, if any, with the Investigating Officer, with intimation to the court.
- Rajbhar must not commit offenses of a similar nature.
Order Details:
The order was dictated on April 10, 2024, transcribed on April 12, 2024, and signed on April 12, 2024. The certified copy was uploaded on April 12, 2024, at 6:08 p.m.
This decision reflects the court’s consideration of the quantity of the seized contraband, the absence of criminal antecedents, and the imposition of conditions to ensure the accused’s compliance with the legal process.