Mumbai, August 22, 2022 – In a decision emphasizing the distinction between small and commercial quantities of narcotics, the Special Court for the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Greater Bombay granted bail to Rajendra Shivram Pawar, a 56-year-old resident of Sewri, who was arrested for possession of Ganja. The ruling, delivered by Additional Sessions Judge Shri V.G. Raghuwanshi (C.R. 43) on August 17, 2022, underscores the court’s consideration of the quantity of the seized substance and the consequent non-applicability of stringent provisions under Section 37 of the NDPS Act.
Arrest and Allegations:
Rajendra Shivram Pawar was apprehended by the RAK Marg police on July 17, 2022. The police alleged that he was found in possession of 300 grams of Ganja, leading to the registration of offence number 42/2022. Pawar was subsequently remanded to judicial custody, and his initial bail application was rejected by the Metropolitan Magistrate 7th Court, Dadar, Mumbai, on July 20, 2022.
Bail Application and Arguments:
Pawar, through his advocate Mr. Shirke, filed a bail application (Criminal Bail Application No. 1823 of 2022) under Section 439 of the Code of Criminal Procedure (Cr.P.C.), seeking his release. He argued that he was entitled to bail, citing the small quantity of Ganja allegedly recovered from him.
The prosecution, represented by Additional Public Prosecutor P.J. Tarange, opposed the bail application, submitting a report detailing the grounds for their opposition.
Court’s Reasoning and Decision:
Judge Raghuwanshi, after reviewing the application and the prosecution’s submissions, focused on the quantity of Ganja allegedly seized from Pawar. He noted that the seized quantity, 300 grams, falls under the category of a small quantity as defined under the NDPS Act.
“In this case small quantity of Ganja (300 grams) was allegedly seized from applicant/accused,” the judge stated in his oral order.
The judge further highlighted the legal implications of this quantity, noting that the offence punishable under Section 20(b) of the NDPS Act, in this case, would attract a maximum punishment of rigorous imprisonment for a term that may extend to one year and a fine that may extend to Rs. 10,000.
Crucially, the court emphasized that Section 37 of the NDPS Act, which imposes stringent conditions for granting bail in cases involving commercial quantities of narcotics, would not be applicable in this case.
“Section 37 will not be attracted in this case,” Judge Raghuwanshi affirmed.
The judge also considered Pawar’s willingness to furnish sureties and abide by any conditions imposed by the court, indicating his cooperation and adherence to legal processes.
“Applicant is ready to furnish surety and abide by all conditions those may be imposed by this Court,” the judge noted. “Hence, a case is made out for grant of bail.”
Consequently, the court granted bail to Rajendra Shivram Pawar, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 25,000 with one or more solvent sureties of the same amount. The court imposed several conditions, including that Pawar must not engage in any activity that would hamper the investigation, must appear regularly before the trial court, must not tamper with prosecution evidence, and must appear before the Investigating Officer as and when called.
Implications and Significance:
This ruling highlights the critical distinction between small and commercial quantities of narcotics under the NDPS Act and the consequent impact on bail considerations. The decision underscores the court’s adherence to legal provisions and its consideration of the accused’s willingness to cooperate.
The case serves as a reminder of the judicial process’s emphasis on balancing individual liberty with the need to address drug-related offenses, while also ensuring that legal provisions are applied appropriately based on the specific circumstances of each case.
The order was dictated on August 17, 2022, typed on August 18, 2022, and signed on August 20, 2022. It was uploaded on August 22, 2022, at 12:32 p.m.