Mumbai: In a recent ruling, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Cases at Greater Mumbai has granted bail to Rajkumar Sitaram Kanojiya alias Rajukumar, 25, who was arrested in connection with the seizure of Mephedrone (MD). Special Judge M.S. Mungale (C.R. NO.44) ordered his release on November 2, 2018, on a personal recognizance (PR) bond of Rs. 25,000/- and a surety of the like amount, acknowledging that the quantity of contraband seized fell below the commercial threshold. The court also allowed him to submit provisional cash security of Rs. 25,000/- for six weeks while arranging for sureties.

Rajkumar Sitaram Kanojiya, a resident of Rangsharda, Nargis Dutt Nagar, Reclamation, Bandra (W), was arrested in Bandra police station L.A.C. No. 186/2018. He filed his bail application under Section 439 of the Code of Criminal Procedure.

According to the prosecution’s case, on October 20, 2018, based on secret information, a raid was conducted against Kanojiya, leading to the seizure of 20 grams of Mephedrone (MD) from his possession. The estimated value of the seized contraband was stated to be Rs. 50,000/-.

The Investigating Officer (I.O.) opposed the bail application by filing a reply on the same day as the hearing. The I.O. contended that Kanojiya allegedly possessed the contraband for illegal sale, as revealed during his interrogation. Furthermore, the I.O. stated that Kanojiya’s interrogation led to the revelation of another individual named “Bunty,” who is yet to be arrested. The prosecution raised apprehensions that if released on bail, Kanojiya might abscond or commit similar offenses.

However, after hearing arguments from Ms. Alka Sharma, the learned advocate for the applicant, and Mr. B.G. Rajput, the learned Additional Public Prosecutor (A.P.P.) for the State, and perusing the police papers, the court made a crucial observation. Special Judge Mungale noted that the alleged contraband seized from Kanojiya’s possession was “above small quantity, but, below commercial quantity.” This distinction is critical in NDPS cases, as it means the stringent bar of Section 37 of the NDPS Act, which imposes severe restrictions on bail for offenses involving commercial quantities, does not apply to Kanojiya’s case.

The court also took into consideration that Kanojiya had provided a photocopy of his Aadhar card as proof of his residential address. Importantly, the I.O. did not report any previous criminal cases against the applicant in the reply. The court concluded that imposing certain conditions on Kanojiya would adequately ensure his presence for interrogation whenever necessary.

Considering these factors, the court allowed Bail Application No. 790 of 2018. Rajkumar Sitaram Kanojiya alias Rajukumar was ordered to be released on bail, subject to the following conditions:

1. Executing a PR bond of Rs. 25,000/- and a surety of the like amount. He is permitted to submit one or more sureties to match the amount.
2. He is granted six weeks’ time to submit the sureties, and in the interim, he will be released on provisional cash security of Rs. 25,000/-.
3. He shall report to the Bandra Police Station every Friday between 9:00 a.m. to 11:00 a.m. until the charge-sheet is filed.
4. After the charge-sheet is filed and until the disposal of the case, he shall report to the Bandra Police Station once a month, specifically on the last Friday of each month, between 9:00 a.m. to 11:00 a.m. without fail.
5. He shall maintain a diary for reporting his presence and produce it before the court on each adjourned date.
6. Committing two consecutive defaults in reporting will lead to the cancellation of his bail bonds.
7. Before release, he must submit his residential address proof and photograph on record.
8. He shall not tamper with the prosecution evidence.

The application was disposed of accordingly. The order was signed on November 3, 2018, and uploaded on the same day.