Mumbai, Maharashtra – A Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act cases in Greater Mumbai has rejected the bail application of Nagesh Ashok Pawar, 25, who was arrested in connection with the seizure of 233 grams of MD (Mephedrone), a commercial quantity of psychotropic substance.
Special Judge (NDPS) Shri U.M. Mudholkar, presiding over the case (Bail Application No. 674 of 2018), delivered the oral order on October 12, 2018.
The Prosecution’s Case
According to the prosecution, on September 7, 2018, a team from Dongri Police Station was on patrolling duty when they observed co-accused Ansari behaving suspiciously. During a personal search, 233 grams of MD were recovered and seized.
During custodial interrogation, Ansari allegedly disclosed that Nagesh Ashok Pawar had supplied the MD to him. Based on this disclosure, Pawar was arrested on September 19, 2018, for offenses punishable under Section 8(c) read with 20(c) of the NDPS Act, 1985. Pawar is currently in judicial custody.
Arguments for Bail
Mr. Rahul Aarote, the learned advocate for Nagesh Ashok Pawar, argued that his client was falsely implicated. He contended that no incriminating article or substance was recovered directly from Pawar’s possession, and the alleged recovery was solely from co-accused Ashif Ansari. Mr. Aarote highlighted that the evidence against Pawar was limited to “electronic evidence and the disclosure statement of co-accused Ansari,” which he claimed was insufficient to reject bail. He also stated that Pawar is a permanent resident of Mumbai and would abide by all conditions if released on bail, emphasizing his client’s innocence.
Prosecution’s Opposition
The respondent, represented by Ld. APP Mr. Panjwani, strongly resisted the bail application. The prosecution asserted that Pawar played a specific role as the “supplier of the contraband” and had therefore committed the alleged offenses. They argued that the electronic evidence prima facie demonstrated Pawar’s complicity. Crucially, the prosecution pointed out that the seized quantity of MD (233 grams) is a commercial quantity, which attracts the stringent provisions under Section 37 of the NDPS Act, thereby disentitling the applicant from bail.
Court’s Findings and Decision
Special Judge U.M. Mudholkar carefully considered the submissions and the record. The court acknowledged that “there is no recovery of any nature from the possession of the present applicant.” However, the judge noted that Pawar’s complicity had emerged during the investigation.
The court highlighted that during the custodial interrogation of co-accused Ashif Ansari, it was revealed that a “huge quantity of MD was supplied to him by the present applicant.” Furthermore, the court found that “on the basis of electronic evidence the investigation officer has confirmed the dealings between applicant/accused and co-accused in connection with the present case,” deeming this a “certainly, at least at this stage, an incriminating circumstance against the present applicant/accused.”
The court also pointed out that Pawar had not disclosed any information about his supplier or from whom he obtained such a large quantity of the psychotropic substance during his interrogation.
Significantly, the judge emphasized that the investigation was “not yet completed and is at crucial stage,” indicating the possibility of tracing further incriminating evidence against Pawar.
Most importantly, the court reiterated that since a commercial quantity of MD (233 grams) had been seized, the bar under Section 37 of the NDPS Act clearly gets attracted, which “certainly dis-entitles the applicant/accused for bail, at least at this stage.”
The court concluded that there was “strong prima facie evidence on record demonstrating culpability of the present applicant in the commission of serious offences under the provisions of NDPS Act.” Therefore, his release on bail would be “certainly prejudicial not only to the investigation agency but also the society at large.”
Based on these observations, the Special Judge rejected the bail application of Nagesh Ashok Pawar.