Mumbai, December 26, 2018 – Harsh Manohar Jain alias Babu, 22, was today granted conditional bail by the Special Judge for N.D.P.S. Cases at Greater Bombay. Jain was arrested by Gaodevi Police Station in connection with a drug seizure, but the court ruled that the quantity of contraband recovered from him individually was a “small quantity,” thus making the stringent provisions of Section 37 of the NDPS Act inapplicable.

Jain was apprehended on December 17, 2018, during the investigation of co-accused in NDPS R.A. No. 1224 of 2018. The initial raid on December 16, 2018, led to the arrest of two other individuals: Accused No. 1 from whom 100 grams of Charas and 7 grams of Ganja were recovered, and Accused No. 2 from whom 88 grams of Charas were found. Jain was implicated by the statement of Accused No. 1. During a search of Jain’s motorcycle (bearing no. MH-01-BE-3657), 10 grams of Charas was allegedly recovered.

Ms. Zehra Charania, the learned advocate for Jain, argued that the 10 grams of Charas recovered from her client constituted a “small quantity,” meaning the strict bail conditions under Section 37 of the NDPS Act were not applicable. She emphasized that the offense was bailable and that Jain, a permanent resident of Mumbai (specifically, Gulalawadi), had no prior criminal antecedents and was not likely to abscond. She further highlighted that the Hon’ble High Court has granted bail in similar circumstances.

Mr. Panjwani, the learned APP representing the State, strongly opposed the bail. He contended that Jain was involved in the illicit sale of Charas and Ganja and that his address was not permanent. The APP also argued that Jain was part of a larger racket involved in the transport and sale of contraband and that if released, he was likely to commit similar offenses. He also noted that an absconding accused, Amit alias Saurabh Bharat Kumar Jain, was yet to be arrested.

After considering the arguments and the material on record, Special Judge V.V. Vidwans (CR No. 42) observed that the 10 grams of Charas recovered from Jain was indeed “not more than small quantity.” The court clarified that for the purpose of granting bail, only the individual quantity of contraband recovered from an accused must be considered, not the total quantity seized from all co-accused, citing settled legal position. The judge concluded that the offense, in this context, “cannot be considered as serious one as projected by the learned APP.”

Exercising its discretion, the court found it a fit case to grant bail, subject to certain conditions that would also serve the purpose of the prosecution.

Harsh Manohar Jain alias Babu has been ordered to be released on a Personal Recognizance (P.R.) Bond of Rs. 10,000/- with one or more solvent sureties of the same amount.

Additionally, upon an oral request from Ms. Zehra Charania, citing potential delays in arranging a surety, the court granted Jain provisional cash bail of Rs. 10,000/- for a period of eight weeks. He is required to furnish the surety and complete the full bail procedure within this eight-week period.

The bail is subject to the following conditions:

• Jain must attend the Investigating Officer (I.O.) at Gaodevi Police Station once a fortnight, on the 1st and 3rd Saturday of each month, between 11:00 a.m. to 2:00 p.m. until the chargesheet is filed. If the I.O. is absent, he should give attendance to the Police Station Officer (PSO) Incharge.
• He shall not tamper with prosecution witnesses/evidence in any manner and must cooperate in the investigation.
• He must furnish his cell/landline number and those of two nearest relatives or friends, preferably residing in Mumbai.
• He must produce proof of his identity and residence in Mumbai at the time of executing the bail bond.
• He shall not commit similar offenses while on bail.

The court explicitly warned that any breach of these conditions would result in the cancellation of his bail. The bail application stands disposed of accordingly.