Mumbai, Maharashtra – In a notable decision, the Special Judge for NDPS Cases at Greater Mumbai, M. S. Mungale (C.R. No. 44), granted bail to Shrikant Mahadev Loke @ R.K. @ Buwa, a 63-year-old and handicapped resident of Malad (West). The order, passed on October 9, 2018, in Bail Application No. 714 of 2018, pertains to an NDPS case (C.R./L.A.C. No. 330/2018) registered by Malwani Police Station for the alleged possession of 5 kg 400 grams of Ganja.

The court’s decision was primarily influenced by the fact that the seized quantity of Ganja falls under the “intermediate quantity” category, thus not invoking the strict bail provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Furthermore, the judge took into account the applicant’s advanced age, physical disability, and the nature of the evidence.

The Prosecution’s Case and Accusations

According to the Investigating Officer (I.O.), a raid was conducted based on secret information, leading to the seizure of 5 kg 400 grams of Ganja from Shrikant Mahadev Loke. The I.O. contended that Loke is a “habitual offender,” citing three previous FIRs registered against him at Malwani Police Station under Section 8(c) read with 20 of the NDPS Act (L.A.C. Nos. 113/2012, 184/2015, and 245/2017). The prosecution argued that granting bail would lead to Loke involving himself in similar offences.

Applicant’s Plea for Bail

Mr. V. P. Shinde, the learned advocate for Shrikant Mahadev Loke, argued that his client was falsely implicated. He highlighted that the 5 kg 400 grams of Ganja seized was a non-commercial quantity, which meant the bar to bail under Section 37 of the NDPS Act was not applicable.

Crucially, Mr. Shinde emphasized Loke’s personal circumstances:

• He is a permanent resident of Malad (West).
• He is a handicapped person who sustained a leg fracture in April 2018 and cannot walk without support.
• He is an old person, more than 60 years of age, and suffers from Asthma.

During the remand hearing, the judge personally observed Loke walking with difficulty, using crutches. This observation cast doubt on the prosecution’s claim that Loke was carrying a bag weighing more than 5 kg in his right hand.

Regarding the previous cases cited by the prosecution, Mr. Shinde orally submitted that all these cases were for “personal consumption” and were pending in the Court of the Metropolitan Magistrate at Borivali, not in the NDPS Special Court.

Court’s Rationale and Observations

Special Judge M. S. Mungale meticulously considered the arguments from both sides.

1. Quantity of Contraband: The court confirmed that the 5 kg 400 grams of Ganja was “more than small quantity, but, less than commercial quantity,” thus affirming that “there is no bar to grant bail to the applicant/accused in appropriate cases.”
2. Previous Cases: While acknowledging the three previous FIRs, the court noted that the Investigating Officer had not disclosed the specific courts where these cases were pending. The oral submission by Loke’s advocate that these were “personal consumption cases” pending in the Metropolitan Magistrate Court, and not the NDPS Special Court, was taken into consideration. The judge observed that merely because three cases are pending, it does not automatically disqualify the applicant from bail.
3. Physical Condition: The judge’s personal observation of Loke’s difficulty in walking with crutches strongly influenced the decision. This physical impairment made the prosecution’s claim of Loke carrying a 5 kg bag with one hand less credible.
4. Judicial Custody and Trial Delay: The court recognized that Loke had been in police and judicial custody since his arrest. Furthermore, considering the “heavy pendency of criminal cases,” the judge remarked that “it will take many years to take the case for hearing,” deeming it unfit to keep the applicant behind bars for an extended period.
5. Absconding Risk: The court also found no risk of Loke absconding, as his Aadhar card indicated his permanent residence in Malad (West), Mumbai.

The court concluded that imposing certain conditions would suffice to secure the applicant’s presence during further proceedings.

Bail Conditions

Shrikant Mahadev Loke @ R.K. @ Buwa has been granted bail under the following terms:

1. He must execute a Personal Recognizance (P.R.) bond of Rs. 25,000/- and provide one or more sureties of the like amount.
2. Alternatively, if unable to secure sureties, he may submit cash security of Rs. 25,000/- in lieu of sureties.
3. He shall report to Malwani Police Station every Sunday between 9:00 AM and 11:00 AM until the charge-sheet is filed.
4. He shall not tamper with the prosecution evidence.
5. Given the pendency of previous NDPS cases, he must ensure he does not commit similar offences, otherwise his bail shall be cancelled.

The bail application has been disposed of. The order was dictated on October 9, 2018, transcribed on October 10, 2018, and signed and uploaded on October 12, 2018.

This judgment highlights the judiciary’s empathetic approach, particularly towards vulnerable individuals, while also ensuring the integrity of the legal process through appropriate conditions.