Mumbai, Maharashtra – In a significant development, the Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) Cases at Greater Mumbai, B. Y. Phad (C.R.44), on January 22, 2024, granted bail to 19-year-old Ashish Santosh Devlekar. Devlekar was arrested in connection with Crime No. 770 of 2023, registered with MIDC Police Station under Sections 8(c), 22(b) read with 29 of the NDPS Act, 1985.

The court’s decision, outlined in NDPS Bail Application No. 1099/2023, highlighted that the quantity of Methylenedioxymethamphetamine (MD) allegedly recovered from Devlekar was “far less than the commercial quantity,” a crucial factor in the court’s consideration.

According to the prosecution’s reply (Exh.2), Devlekar and a co-accused were apprehended on December 1, 2023. During the incident, 5 grams of MD were allegedly recovered from Devlekar, and 7 grams from the co-accused, totaling 12 grams of MD seized in the crime. The prosecution contended that the wanted accused in the case was yet to be arrested and expressed concerns that if released on bail, Devlekar might abscond, repeat the offense, tamper with evidence, or pressure witnesses.

However, Mr. Rajesh Teke, the advocate representing Devlekar, vehemently argued for his client’s innocence, stating he had been “falsely implicated” and possessed “clean antecedents” with a “permanent place of abode.” Mr. Teke emphasized that the quantity recovered from Devlekar was “too much less than the commercial quantity.” He assured the court that Devlekar was ready to comply with any conditions set for his bail.

Learned APP Mr. B. G. Rajput, appearing for the State, maintained that the offense was serious, punishable with up to 10 years imprisonment, and that the investigation was still ongoing, thereby advocating for the rejection of the bail application.

After considering submissions from both sides, Judge Phad noted that the 5 grams of MD allegedly recovered from Devlekar, and the overall 12 grams involved in the crime, were indeed “far less than the commercial quantity.” Furthermore, the court acknowledged that Devlekar had “no criminal antecedents and appears to be well rooted in the Society.” These factors led the court to deem it proper to release the applicant on bail, albeit under “stringent conditions.”

Strict Bail Conditions Imposed:

As part of the bail order, Ashish Santosh Devlekar has been released upon executing a personal bond of ₹60,000, along with one or two solvent surety bonds of the same amount. His release is subject to a series of strict conditions aimed at ensuring his cooperation with the ongoing investigation and preventing any interference with the legal process. These conditions include:

• Mandatory Reporting: Devlekar is directed to report to the MIDC Police Station every Sunday between 10:00 a.m. and 11:00 a.m. until the final report (charge-sheet) is filed.
• Restricted Travel: He is prohibited from leaving the jurisdiction of Mumbai without explicit permission from either the investigating officer or the Court.
• No Contact with Case-Related Individuals: Devlekar is strictly prohibited from making any form of contact with co-accused, witnesses, or any individuals directly associated with the case. He is also forbidden from tampering with any evidence or documents related to the case.
• Stable Residence and Communication: He must maintain a stable residence at his current address in Marol Village, Andheri, Mumbai, and is required to inform the court and the investigating officer of any change in his residential address or mobile number.
• Cooperation with Investigation: Devlekar must not interfere with the ongoing investigation and is mandated to comply fully with law enforcement.
• Passport Surrender: He must surrender his passport, if any, to the Investigating Officer within a week. If he does not possess a passport, he must file an affidavit to that effect.
• Prohibition from Similar Activities: He is prohibited from engaging in activities that might be related to the registered offense.
• Compliance with Directions: Devlekar must comply with all reasonable directions given by law enforcement agencies or investigating officers related to the case.
• Blood Relatives’ Information: As per the Criminal Manual, he must furnish a list of three blood relatives with their detailed residential addresses and places of work, along with documentary proofs of correctness, before his release.

The court explicitly warned that “failure to adhere to any of these conditions will result in the immediate revocation of bail and may lead to further legal consequences.” The order was dictated and transcribed on January 22, 2024, signed on January 23, 2024, and subsequently uploaded on January 24, 2024.