BA.No.958/2023
-1-
NDPS.RA.No.1263/2022
MHCC020162822023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO. 958 OF 2023
IN
NDPS REMAND APPLICATION NO.1263 OF 2022
Rakesh Madhav Gaikwad
Age 28 years, Occ.- Service
R/at- Behind Mulund Darshan,
Rahul Nagar, VTC,
Mulund Colony, Mumbai.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(at the instance of Mulund Police
Station, vide C.R.No. 560 of 2023.) .. Respondent.
Advocate Mr. Nitin Kamble for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE
: 12th December, 2023.
ORDER
1.

This is an application for bail by applicant/accused Rakesh
Madhav Gaikwad who has been arrested by Mulund Police Station in
C.R.No. 560 of 2023, for the offence punishable under Section 8(c)
BA.No.958/2023
-2-
NDPS.RA.No.1263/2022
read with Section 20(b)(2), 29 of the Narcotic Drugs and Psychotropic
Substance Act, 1985, (for short, ‘NDPS Act’).
2.

The case of the prosecution is as follows On 02.10.2023 the officers of Mulund police station stopped a
Innova Car bearing No. MH-46-1521 . There were four occupants in the
car including the applicant. As the movements of the occupants
appeared suspicious, the police officer arranged for panch witnesses
and searched the vehicle. 60 Kg Ganja was recovered from t he vehicle.
3.

The contention of the applicant is that he was the co-driver of the
vehicle. He does not have any concerned with the other occupants or
the contraband seized.
4.

The APP has relied on t he ration of the Apex Court in the case of
NCB Versus Mohd. Nawaz Khan in Criminal Appeal No. 1043 of 2021.
He had submitted that the Ganja has a very strong smell. In such case,
the applicant could have notice the contraband only by the smell if he
was innocent. Relying on t he ration of t he case above, he has
submitted that accused is in conscious possession.
5.

In this case the seized contraband is a commercial quantity of the
Ganja. As held in the case of Mohd. Nawaz Khan (supra) the standard
of conscious possession would be different in the case of public
transport vehicle as opposed to private vehicle with few persons. In this
case, the applicant is found in conscious possession of Ganja, hence bail
cannot be granted. Hence, the following order is passed:
BA.No.958/2023
-3-
NDPS.RA.No.1263/2022
ORDER
1.

Bail Application No. 958 of 2023 stands rejected.

8.

Bail Application No.958 of 2023 in NDPS Remand Application
No.1263 of 2023 is disposed off.

Date : 12.12.2023
Dictated on PC
Transcribed on
HHJ signed on
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.
: 12.12.2023
: 12.12.2023
: 12.12.2023
BA.No.958/2023
-4-
NDPS.RA.No.1263/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13.12.2023 12.12 p.m.
UPLOAD DATE AND TIME
(Samruddhi Jadhav)
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 12.12.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
12.12.2023
JUDGMENT/ORDER uploaded on
13.12.2023