Mumbai, January 3, 2024 – The Special Court for Narcotic Drug and Psychotropic Substances Act in Greater Bombay today granted bail to Gunjan Kumar Singh, a 29-year-old resident of Mumbai, who was arrested in connection with the seizure of 5 grams of Mephedrone (MD).
Special Judge K.P. Kshirsagar (C.R. No. 43) presided over the hearing for NDPS Bail Application No. 1007 of 2023. Singh was arrested by Santacruz police station in Spl. LAC/C.R. No. 941/2023 for offenses punishable under Section 8(c) read with Section 21(b) of the NDPS Act, 1985.
During the proceedings, Ld. Advocate Mr. Sadeep Sherkhane, representing the applicant, argued that the 5 grams of MD recovered from Singh constituted an intermediate quantity, meaning the stringent conditions of Section 37 of the NDPS Act do not apply. He highlighted that this was Singh’s first bail application, that he is a permanent resident of Mumbai, has no criminal antecedents, and is ready to comply with all court conditions.
Ld. APP Mr. Shankar Erande, for the prosecution, opposed the bail, stating that the alleged offense was serious and that releasing Singh might hamper the investigation or lead him to commit similar offenses. However, the APP also confirmed that the investigation was complete.
Judge Kshirsagar, after reviewing the application, documents, and arguments, noted that the quantity of contraband was indeed a non-commercial, intermediate quantity, thereby making the rigors of Section 37 of the NDPS Act inapplicable. The court also observed that Singh had been in custody since October 17, 2023, and that nothing further needed to be recovered from him as the investigation was complete. Crucially, the prosecution did not present any evidence of prior criminal antecedents against Singh.
Emphasizing the importance of personal liberty and the principle of presumed innocence, the court found no just grounds necessitating Singh’s continued detention. It was noted that Singh had cooperated during the investigation and had undertaken to cooperate during the trial. The court concluded that Singh’s presence could be secured even if he were released on bail and that the prosecution’s interests could be safeguarded by imposing certain conditions.
Considering the nature and gravity of the offense, the accused’s age, and lack of antecedents, the court found no reason why his release on bail at this stage would prejudice the investigation or the interests of society.
Order Details
The court issued the following order:
- NDPS Bail Application No. 1007/2023 is allowed.
- Gunjan Kumar Singh is to be released on bail in Spl. LAC/C.R. No. 941/2023 upon executing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount, subject to the following conditions:
- He shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
- He shall not tamper with prosecution evidence or influence witnesses.
- He shall cooperate in the early disposal of the trial.
- He shall not commit any criminal offense while on bail.
- He and his surety shall provide their respective mobile numbers and present addresses along with proof of residence at the time of executing the bail bond.
The NDPS Bail Application No. 1007/2023 stands disposed of. The order was pronounced in open court and signed on January 3, 2024.