Mumbai, February 5, 2022 – Arvind Manohar Vaity and Rushikesh Sharad Minde have been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, Greater Bombay, in a case involving possession of Ganja. Special Judge D.B. Mane (Court Room No. 43) issued the order on February 4, 2022.

Vaity and Minde were arrested in connection with Special LAC No. 647/2021, registered at the Malwani Police Station, for offenses under Section 8(c) punishable under Sections 20 and 29 of the NDPS Act.

Background and Allegations:

On December 29, 2021, police officers patrolling in the Malwani Church area found Vaity and Minde concealing themselves behind a tree, carrying a black bag containing a substance. Upon interception and search, 410 grams of Ganja were recovered from Vaity and 300 grams from Minde.

Arguments Presented:

Advocate Khwaja Shaikh, representing Vaity and Minde, argued that they were falsely implicated, the seized quantity was below the small quantity threshold, and they were willing to abide by any conditions imposed by the court.

Additional Public Prosecutor (APP) P.J. Tarange, representing the State, argued that the accused were found in suspicious circumstances, and during custodial interrogation, they did not disclose the source of the contraband or their intended recipient. The prosecution expressed concerns about the possibility of the accused committing similar offenses if released on bail.

Court’s Reasoning and Decision:

Judge Mane noted that the total quantity of Ganja recovered from both accused was 710 grams, which is less than the small quantity as defined under the NDPS Act. The court also observed that the accused had no criminal antecedents.

Considering these factors, the court concluded that it was not proper to keep the accused in custody indefinitely. The court found that the accused deserved to be released on bail, subject to conditions ensuring their presence and cooperation in the investigation.

Bail Conditions:

Vaity and Minde were granted bail upon executing a personal bond of Rs. 35,000 each, with one or more sureties of the same amount. The following conditions were imposed:

• The accused must attend the Malwani Police Station on the first Monday of each month between 11:00 a.m. and 2:00 p.m. until the filing of the charge sheet.
• They must not directly or indirectly influence or threaten any person acquainted with the case.
• They must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two blood relatives.
• They must provide proof of identity and residence at the time of executing the bail bonds.
• They must inform the Investigating Officer and the court in writing of any change in their residential or temporary address.
• They must not leave India without prior permission from the court.
• They must not commit similar offenses while on bail.
• Breach of any condition will result in the cancellation of their bail.

Order Details:

The order was dictated, transcribed, and signed on February 4, 2022, and uploaded on February 5, 2022, at approximately 4:30 p.m.

This decision reflects the court’s consideration of the quantity of Ganja recovered, the lack of criminal antecedents, and the imposition of conditions to ensure the accused’s compliance with the legal process.