Mumbai, January 9, 2024 – A Special Judge for Narcotic Drugs and Psychotropic Substances (NDPS) cases at Greater Mumbai has granted bail to two auto drivers, Mayashankar Rampher Giri (48) and Charan Ramswaroop Singh (47), who were arrested in connection with the alleged possession of Mephedrone (MD).

Special Judge B.Y. Phad (Court Room No. 44) allowed their bail application (Cri. Bail Appln. No. 1104 of 2023) on a personal recognizance bond of Rs. 60,000/- each, with one or more sureties for the like amount. The court emphasized that the alleged quantity of MD seized was “far less than commercial quantity,” which is a key factor in NDPS bail considerations.

Giri, a resident of Nalasopara, Palghar, and Singh, residing in Goregaon (West), Mumbai, were arrested in Crime No. 1250/2023 registered with Oshiwara Police Station. They were charged under sections 8(c) read with 21(b) and 29 of the NDPS Act, 1985.

The Prosecution’s Case and Defense Arguments

According to the Investigating Officer’s reply, on December 19, 2023, at approximately 2:40 p.m., near Walavalkar Garden, Oshiwara, Giri was found in possession of 3 grams of MD, and Singh was also found with 3 grams of MD, both allegedly with the intention to sell. The prosecution stated that the accused informed them they received the contraband from individuals named Irshad, Saifu, and Sunil Gupta. Based on a complaint from Police Constable 080863 Soyanke, the crime was registered, and seizures were made following due procedure. The prosecution argued that if released on bail, the applicants might repeat the offense, tamper with evidence, and influence witnesses.

Mr. Amol Thombre, the learned counsel for the applicants, argued that his clients had been falsely implicated and had not committed any crime. He asserted that police had not followed mandatory provisions of Section 50 of the NDPS Act (which deals with personal search procedures). He stressed that nothing was recovered at the instance of the applicants or directly from their possession in a manner compliant with law. Mr. Thombre highlighted that both applicants are auto drivers, sole breadwinners for their families, have clear antecedents, and are well-rooted in society with permanent residences. He assured the court that they would furnish the required surety and abide by all imposed conditions.

Court’s Reasoning for Granting Bail

Special Judge B.Y. Phad, after considering submissions from both sides, focused on several key aspects:

1. Quantity of Contraband: The court noted that the alleged 6 grams of MD seized from both applicants combined is “far less than commercial quantity.” This is a crucial distinction in NDPS cases, as offenses involving “commercial quantity” invoke much stricter bail conditions under Section 37 of the NDPS Act, requiring the court to be satisfied that there are “reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.” Since the quantity was below commercial, this stringent bar does not automatically apply.
2. Clean Antecedents: The court acknowledged that the applicants have “clear antecedents,” meaning no prior criminal record was brought to light by the prosecution.
3. Community Roots: The judge was convinced that the applicants “appear to be well rooted into society,” reducing the likelihood of them absconding.

Based on these factors, the court concluded that it was “appropriate to release the applicants on bail under stringent conditions” to ensure their cooperation with the investigation and trial.

Conditions for Bail

The court imposed the following stringent conditions for the release of Mayashankar Rampher Giri and Charan Ramswaroop Singh:

1. They must execute P.R. Bonds of Rs. 60,000/- (Rupees Sixty Thousand only) each with one or more sureties in the like amount.
2. They are required to attend Oshiwara Police Station every Monday between 11:00 a.m. and 2:00 p.m. and as directed by the Investigating Officer, until the filing of the final report. They must assist the police in the investigation.
3. The applicants and their sureties must provide their mobile numbers, correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
4. They must produce proof of their identity and residence at the time of executing the bail bonds.
5. They shall not tamper with prosecution witnesses/evidence in any manner and must cooperate in the early disposal of the trial.
6. They shall not commit similar offenses while on bail.

The bail application has been disposed of accordingly.