Mumbai: A Special Judge for NDPS (Narcotic Drug and Psychotropic Substances) Act cases at Greater Mumbai, K.P. Kshirsagar (C.R.43), has granted bail to Ravi Vijay Thakur @ Sonu, 46, who was arrested in connection with the seizure of 22 grams of Mephedrone (MD). The order, passed on November 29, 2023, allows Thakur’s release on a personal bond of Rs. 50,000/- with one surety of the like amount.

Thakur, a resident of Malad West, Mumbai, was arrested in Dindoshi police station C.R. No. 737/2023 and charged under Section 8(c) read with Section 22(b) of the NDPS Act, 1985. He had been in custody since October 16, 2023.

Arguments for and Against Bail

Learned Advocate Mr. Akash Sharma, representing Thakur, argued that this was his client’s first bail application and that no other bail applications were pending in higher courts. He stated that the prosecution’s case alleged the recovery of 22 grams of MD from Thakur’s possession on October 16, 2023, based on prior information. Crucially, Mr. Sharma emphasized that the quantity of contraband (22 grams) is an “intermediate quantity,” meaning the stringent provisions of Section 37 of the NDPS Act are not applicable. He further highlighted that Thakur has no criminal antecedents, nothing more needs to be recovered from him, and the mere fact that some co-accused are yet to be arrested is not a sufficient ground for bail rejection. He also claimed potential violations of Sections 42 and 50 of the NDPS Act and assured the court that Thakur, being a permanent resident of Mumbai, would abide by all conditions.

Learned APP Mr. Rajput, representing the prosecution, opposed the bail application. He confirmed the recovery of 22 grams of MD, suggesting that Thakur is a “drug peddler.” The APP stated that Thakur had disclosed during investigation that he procured the MD from wanted accused who are yet to be apprehended. He argued that releasing Thakur on bail at this stage could “hamper the further investigation.”

Court’s Rationale and Decision

Special Judge K.P. Kshirsagar meticulously reviewed the application, documents, and prosecution’s reply. The court’s observations aligned significantly with the defense’s arguments:

• The alleged offense carries a punishment that may extend up to 10 years and a fine of up to Rs. 1 lakh.
• Crucially, the recovered quantity of 22 grams of MD is indeed a “non-commercial quantity” (intermediate quantity), making the rigors of Section 37 of the NDPS Act inapplicable.
• The court reiterated that the mere fact that some accused are yet to be arrested is not a standalone ground for rejecting bail.
• No criminal antecedents were attributed to Thakur.
• Thakur appeared to be a permanent resident of Mumbai.
• He has been in custody since October 16, 2023, and “nothing is to be recovered from the applicant/accused now,” indicating that the investigation concerning him is largely complete.

The court further emphasized the fundamental right to personal liberty and the presumption of innocence. It noted that the object of bail is to secure the accused’s attendance at trial, not to be punitive or preventive. The judge found that Thakur had cooperated during the investigation and expressed willingness to cooperate during the trial, making his presence likely to be secured even if released on bail. The court concluded that the prosecution’s interests could be safeguarded by imposing appropriate conditions.

Considering the nature and gravity of the offense, Thakur’s age, and lack of antecedents, the court found no likelihood that his release would prejudice the investigation or the interest of society.

Bail Conditions

Accordingly, NDPS Bail Application No. 1008 of 2023 was allowed. Ravi Vijay Thakur @ Sonu is to be released on bail, subject to the following conditions:

• He shall cooperate with the Investigating Officer and make himself available for interrogation as and when required.
• He shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
• He shall cooperate in the early disposal of the trial.
• He shall not commit any criminal offense while on bail.
• He and his surety shall provide their respective mobile numbers and present address and proof of residence at the time of executing the bail bond/surety bond.

The bail application stands disposed of. The order was pronounced and signed on November 29, 2023, and uploaded on November 30, 2023.