Mumbai, Maharashtra – April 19, 2022 – Akash Santosh Sable, a 19-year-old resident of Malad West, Mumbai, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai in connection with a case involving the possession of 150 grams of Ganja. The court granted bail, citing the small quantity of the recovered contraband, which exempted the case from the stringent provisions of Section 37 of the NDPS Act.

Sable was arrested on March 25, 2022, by the Malvani Police Station and was charged under sections 8(c) read with 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in C.R. No. 121 of 2022.

Background of the Case:

According to the prosecution, on March 25, 2022, a patrolling team from the Malvani Police Station found Sable selling Ganja. Upon searching him, they recovered 150 grams of Ganja. The contraband was seized, and Sable was arrested.

Applicant’s Arguments for Bail:

Mr. Padvi, the advocate representing Sable, argued that his client was falsely implicated and had no connection with the alleged contraband. He emphasized that the recovered quantity of Ganja fell under the small quantity category, rendering Section 37 of the NDPS Act inapplicable. He also stated that Sable had deep roots in the society and was willing to abide by any conditions imposed by the court.

Prosecution’s Objections:

Mr. Rajput, the APP representing the State, opposed the bail application, arguing that Sable had not cooperated with the investigating agency. The prosecution stated that the investigation was ongoing to determine the source of the Ganja and to whom Sable intended to sell it. They argued that Sable might re-offend if granted bail.

Court’s Decision:

His Honour the Special Judge V. V. Patil, after hearing both sides and reviewing the record, acknowledged that the recovered quantity of 150 grams of Ganja fell under the small quantity category. Therefore, the stringent provisions of Section 37 of the NDPS Act were not applicable.

The court also noted that while the prosecution argued that the investigation was ongoing, this was not a sufficient ground to deny bail, especially since the recovery of the contraband was complete.

The court considered that Sable had a permanent address in Mumbai, reducing the risk of him absconding.

Bail Conditions:

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

• Sable must execute a Personal Recognizance (P.R.) bond of Rs. 15,000/- with one surety of the same amount.
• He must attend the Malvani Police Station every Wednesday between 2:00 PM and 5:00 PM until the charge-sheet is filed.
• He must provide proof of identity and residence at the time of executing the bail bond.
• He must not tamper with prosecution witnesses or evidence and must cooperate with the trial.
• He must not commit any similar offense while on bail.
• Provisional cash bail of Rs. 15,000/- was allowed for eight weeks.

Outcome:

The court’s decision highlights the importance of the quantity of contraband in NDPS cases and the distinction between small, commercial, and intermediate quantities when considering bail. The court balanced the need for ongoing investigation with the applicant’s rights, granting bail while ensuring his cooperation and preventing potential obstruction of justice. The condition of regular police station attendance ensures that Sable remains accessible to the investigating authorities.