Mumbai: A Special Judge for NDPS (Narcotic Drugs and Psychotropic Substances) cases in Greater Bombay has rejected the bail application of Rakesh Madhav Gaikwad, 28, who was arrested in connection with the seizure of 60 kilograms of Ganja. The order, delivered by Special Judge A.V. Kharkar (C.R. NO.42) on December 12, 2023, found that Gaikwad was in “conscious possession” of the commercial quantity of contraband, thereby making him ineligible for bail under the stringent provisions of the NDPS Act.

Gaikwad, a resident of Mulund Colony, Mumbai, was arrested by Mulund Police Station in C.R.No. 560 of 2023. He faces charges under Section 8(c) read with Section 20(b)(2) and 29 of the NDPS Act, 1985.

According to the prosecution’s case, on October 2, 2023, officers of Mulund police station intercepted an Innova car bearing registration No. MH-46-1521. There were four occupants in the vehicle, including the applicant, Rakesh Madhav Gaikwad. Due to suspicious movements of the occupants, police officers arranged for panch witnesses and conducted a search of the vehicle, leading to the recovery of 60 kilograms of Ganja.

Gaikwad’s defense contended that he was merely the co-driver of the vehicle and had no connection with the other occupants or the seized contraband.

However, the Assistant Public Prosecutor (APP) Ms. Geeta Nayyar, strongly opposed the bail application. She relied on the ratio (reasoning) laid down by the Apex Court in the case of NCB Versus Mohd. Nawaz Khan (Criminal Appeal No. 1043 of 2021). The APP argued that Ganja has a very strong smell, and if Gaikwad was indeed innocent and unaware of the contraband, he would have noticed it by its smell. Citing the Mohd. Nawaz Khan judgment, which distinguishes the standard of “conscious possession” in public transport vehicles versus private vehicles with fewer occupants, the APP asserted that Gaikwad was in conscious possession of the Ganja.

Special Judge A.V. Kharkar, after considering the arguments, agreed with the prosecution’s stance. The court noted that the seized contraband, 60 kg of Ganja, constituted a commercial quantity. Applying the principle from Mohd. Nawaz Khan, the judge concluded that the standard for conscious possession was indeed different in a private vehicle with few persons, as opposed to a public transport vehicle.

The court explicitly stated, “In this case, the applicant is found in conscious possession of Ganja, hence bail cannot be granted.”

Consequently, Bail Application No. 958 of 2023 was rejected, and the application disposed of. The order was dictated and signed on December 12, 2023, and uploaded on December 13, 2023.