Mumbai, India – March 11, 2024 – Vivek Gulabchand Chaube, arrested for alleged possession of charas, has been denied bail by a Mumbai Special NDPS Court. Additional Sessions Judge K.P. Kshirsagar, presiding over Court Room No. 43, rejected Chaube’s bail application in Criminal Bail Application No. 85 of 2024, citing the commercial quantity of the recovered contraband and the prima facie evidence of a nexus between Chaube and his co-accused.

Chaube was arrested in connection with C.R. No. 105 of 2023 registered at ANC, Kandivali Unit, Mumbai, facing charges under Section 8(c) read with Section 20(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Alleged Possession and Arrest:

According to the prosecution, on December 30, 2023, co-accused Shankar Teji Patel and Avinash Ravindra Bedekar were found in possession of 150 grams and 40 grams of charas, respectively. During the investigation, Bedekar disclosed that he had procured the contraband from co-accused Tunir Vijay Mulik, who was subsequently apprehended with 750 grams of charas. Mulik then implicated Chaube, stating that Chaube had supplied the contraband. Upon Chaube’s apprehension, 500 grams of charas were allegedly recovered from his possession.

Defense Arguments:

Chaube’s defense argued that the individual quantity of charas recovered from him was an intermediate quantity. They asserted that there was no independent evidence to establish a nexus between Chaube and the co-accused, rendering Section 29 of the NDPS Act inapplicable. They also highlighted that Chaube was a resident of Mumbai, had no criminal antecedents, and was willing to abide by any conditions imposed by the court.

Prosecution Objections:

The prosecution countered that the cumulative quantity of charas recovered from all the accused was a commercial quantity. They argued that the statements of the co-accused were admissible for the purpose of investigation and that there was prima facie evidence of a nexus between Chaube and Mulik. They contended that the stringent provisions of Section 37 of the NDPS Act were applicable and that Chaube had failed to demonstrate reasonable grounds to believe he was not guilty.

Court’s Reasoning and Decision:

Judge Kshirsagar, after reviewing the case records and hearing arguments from both sides, rejected Chaube’s bail application. The court noted that the cumulative quantity of charas recovered was a commercial quantity and that the statements of the co-accused provided prima facie evidence of a nexus between Chaube and Mulik.

“From the appreciation of the material on record it appears that, applicant/accused and co-accused are part of the chain of the drug trafficking and therefore, there is positive material to indicate the nexus between applicant/accused and co-accused,” Judge Kshirsagar stated in his order.

The court also emphasized the applicability of Section 37 of the NDPS Act, which places a stringent burden on the accused to demonstrate that they are not guilty and are unlikely to commit similar offenses in the future.

“Applicant/accused has not demonstrated any material to show that there are reasonable grounds to believe that applicant/accused is not guilty of offence alleged to have been committed by him,” Judge Kshirsagar observed.

The court concluded that Chaube had failed to discharge this burden and that there were reasonable grounds to believe he had committed the alleged offense. The court also expressed concerns about the possibility of Chaube tampering with evidence or influencing witnesses if released on bail.

Implications:

This case underscores the stringent requirements for granting bail under the NDPS Act, particularly when commercial quantities of contraband are involved. The court’s decision highlights the importance of establishing a nexus between the accused and co-accused and the accused’s burden to demonstrate their innocence. It also demonstrates the courts focus on preventing drug trafficking and protecting society.