Mumbai, Maharashtra – A Special Judge for NDPS cases in Greater Mumbai has granted bail to Raj Bhagwansingh Thakur @ Fandry, who was arrested with 1 kg 880 grams of Ganja. The court’s decision, issued by Special Judge V.V. Vidwans (CR No.42) on December 14, 2018, in NDPS Bail Application No. 902 of 2018, hinges on the finding that the seized quantity is “non-commercial,” thereby not attracting the stringent conditions of Section 37 of the NDPS Act.
Background of the Case
According to the prosecution, represented by Ld. APP Mr. P.S. Tawade, the ANC Worli Unit team, including API Marathe and PC Gaikwad, were on patrolling duty near ITC Hotel lane, Electric Pole No.HA-11/2, Dr. Shirodkar Road, Parel, Mumbai-12, on November 24, 2018. They observed the accused, Raj Bhagwansingh Thakur, behaving suspiciously and hiding a plastic rexine bag. Upon apprehension, 1 kg 880 grams of Ganja was recovered from his possession in the presence of panch witnesses, leading to his arrest and the registration of C.R. No. 60/18.
Arguments for Bail
Ld. Advocate Mr. V.P. Shinde, representing Thakur, argued that his client had been falsely implicated. The primary contention was that the seized quantity of Ganja (1 kg 880 grams) falls under the category of a “non-commercial quantity.” This distinction is crucial under the NDPS Act, as it means the stringent provisions of Section 37, which impose strict conditions for bail in cases involving commercial quantities, are not applicable.
Mr. Shinde further submitted that the investigation in the case was “almost completed,” and therefore, continued custodial interrogation of the accused was no longer necessary. He stated that Thakur is a permanent resident of Mumbai (with an Aadhaar card photocopy submitted as proof) and has deep roots in society, making it unlikely for him to abscond. He assured the court that his client was ready to abide by any conditions imposed for bail.
Prosecution’s Opposition
Ld. APP Mr. P.S. Tawade opposed the application, acknowledging that while the quantity was “non-commercial,” it was “more than small quantity.” He argued that if the offenses are proven, Thakur could face a sentence of not less than 10 years. He expressed concern that if released on bail, the accused might abscond and not be available for trial. The APP also mentioned that the investigation was “still in progress,” and the Chemical Analyzer (C.A.) report was awaited.
Court’s Decision and Rationale
Special Judge V.V. Vidwans reviewed the submissions and the material on record. The court explicitly noted that the accused is a permanent resident of Tilak Nagar, Dombivali(E), Kalyan, Dist. Thane.
Crucially, the court concurred with the defense’s argument regarding the quantity: “The quantity of the contraband seized from the possession of the accused is 01 kg. and 880 grams Ganja, which is non-commercial quantity, therefore stringent provisions of Sec.37 of the Act are not attracted and this Court has got discretion to grant bail to the accused.”
The judge further reasoned that since the recovery had already been made and the “investigation is almost over,” the “custodial interrogation of the accused is not required.” The court concluded that “no purpose will be served by keeping the accused behind bar till filing of the charge-sheet.”
Bail Granted with Conditions
Based on these considerations, the court allowed the bail application, ordering Raj Bhagwansingh Thakur @ Fandry’s release on the following conditions:
- Personal Bond and Sureties: He must execute a Personal Recognizance (P.R.) Bond of ₹50,000/- (Rupees Fifty Thousand Only) with one or two sureties, one of whom must be a local surety, for the same amount.
- Reporting to ANC Worli Unit: He must attend the office of the ANC Worli Unit for investigation purposes once every fortnight, specifically on the 1st and 3rd Saturday of the month, between 11:00 AM and 2:00 PM, until the charge-sheet is filed. If the Investigating Officer (I.O.) is absent, he should report to the Police Station Officer (PSO) In-charge.
- No Tampering: He shall not tamper with prosecution witnesses or evidence in any manner and must cooperate in the investigation.
- Contact Information: He must furnish his cell/landline number, as well as those of two nearest relatives or two friends, preferably residing in Mumbai.
- Proof of Identity and Residence: He must produce proof of his identity and residence in Mumbai at the time of executing the bail bond.
- No Similar Offense: He shall not commit any similar offense while on bail.
- Breach of Conditions: Any breach of these conditions by the applicant/accused will result in the cancellation of his bail.
The bail application was disposed of accordingly.