Mumbai, May 6th, 2022 – The Special Judge for NDPS Cases at Greater Mumbai has granted bail to Ashok Moti Singh, also known as Chinah, a 44-year-old resident of Sakinaka, who was arrested for possession of 1265 grams of Ganja. The court, presided over by Special Judge V.V. Patil, allowed the bail application, emphasizing that the seized quantity fell under the non-commercial category, thus rendering the stringent provisions of Section 37 of the NDPS Act inapplicable, despite the accused’s history of prior arrests.

Singh was apprehended on April 2nd, 2022, by the Sakinaka Police Station and charged under Section 8(c) read with 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. According to the prosecution, officers on patrol spotted Singh carrying a black bag near the Udyan Nagar Fish Market on Saki Vihar Road. Upon searching him, they discovered 1265 grams of Ganja, which was seized under a panchanama.

Singh’s defense, presented by Advocate Chogule, argued that he was falsely implicated and that the seized quantity was slightly above the small quantity threshold, but still within the non-commercial range. He also stated that Singh is the sole breadwinner for his family and assured the court that his client would not tamper with witnesses and would comply with all court conditions.

The prosecution, represented by Additional Public Prosecutor Rajput, strongly opposed the bail, citing Singh’s extensive criminal record. They informed the court that Singh had 10 previous cases registered against him under the Indian Penal Code, the Arms Act, and the Bombay Police Act, indicating a habitual offender. They argued that Singh’s release would pose a risk of him committing similar offenses and potentially absconding.

Judge Patil, in his order, acknowledged the prosecution’s concerns regarding Singh’s criminal history. However, he emphasized that Singh had not been convicted in any of those cases, a fact not disputed by the prosecution.

“Hence I am of the opinion that applicant cannot be denied bail merely because some cases are registered against him, if otherwise he is entitled to be released on bail,” Judge Patil stated.

The court further highlighted that the 1265 grams of Ganja seized from Singh fell within the non-commercial quantity range, thus exempting him from the stringent bail conditions of Section 37 of the NDPS Act. Judge Patil also noted that the recovery of the contraband was complete, and Singh had a permanent address in Mumbai, reducing the likelihood of him absconding.

“Now, already recovery is completed and nothing is remained to be recovered. Further more, applicant has a permanent address in the Mumbai and he is not likely to abscond,” Judge Patil said.

Consequently, the court granted bail to Ashok Moti Singh, subject to the following conditions:

• Personal Bond (P.R.): Singh must execute a P.R. Bond of Rs. 30,000/- with one or two sureties of the same amount.
• Police Attendance: He must attend the Sakinaka Police Station every Monday between 11:00 AM and 2:00 PM until the chargesheet is filed.
• Contact Information: Singh and his sureties must provide their mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
• Identification and Residence Proof: Singh must provide proof of identity and residence at the time of executing the bail bond.
• No Tampering with Evidence: He must not tamper with prosecution witnesses or evidence and must cooperate in the early disposal of the trial.
• No Similar Offenses: He must not commit similar offenses while on bail.
• Provisional Cash Bail: Permission was granted for Singh to furnish provisional cash bail of Rs. 30,000/- for a period of four weeks.

The court’s decision underscores the judiciary’s adherence to the principle that bail should not be denied solely based on prior arrests, especially when the current offense involves a non-commercial quantity of narcotics. The Sakinaka Police Station will continue its investigation and file a chargesheet.