Mumbai, Maharashtra – August 28, 2018 – The Special Court for Greater Bombay under the N.D.P.S. Act, presided over by Additional Sessions Judge Shri S.V. Yarlagadda (Court Room No. 54), today granted bail to Vikas Ramdas Patil (28), who was arrested in connection with FIR No. 34/2018 of ANC, Bandra Unit, Mumbai. Patil was accused of offenses under sections 8(c) punishable under sections 20 and 29 of the NDPS Act.
Case Details:
Vikas Ramdas Patil, identified as Accused No. 1 in the remand proceeding, was arrested on August 10, 2018, for allegedly possessing 600 grams of ganja. The prosecution stated that other co-accused (Accused No. 2 to 6) allegedly possessed varying quantities of ganja: 1.9 kg, 1.2 kg, 1.5 kg, 800 gms, and 700 gms, respectively.
Arguments for Bail:
Mr. Nikhilesh S. Nishad, the learned advocate for Patil, argued that the quantity of ganja seized from his client (600 grams) is a non-commercial quantity. Therefore, the rigorous provisions of Section 37(1)(b) of the NDPS Act, which typically impose strict conditions for bail in commercial quantity cases, are not attracted. He further submitted that Patil has permanent roots in society and would not abscond. Patil expressed his readiness to abide by any conditions imposed by the court and claimed innocence.
Mr. P.S. Tawade, the learned Additional Public Prosecutor (APP) for the State, opposed the bail application. While conceding that the quantity was non-commercial, he argued that bail should still be rejected, or if granted, should be subject to stringent conditions.
Court’s Reasoning and Decision:
Additional Sessions Judge S.V. Yarlagadda, after hearing both sides and perusing the case papers, noted that “there is no dispute that the quantum of ganja seized from the applicant i.e. 600 gms. is non-commercial quantity.” This was the pivotal point, as it meant the strictures of Section 37 of the NDPS Act did not apply.
The court also considered that Patil was already in judicial custody and his “further detention is not required.” Patil had also provided copies of his voter’s identity card and PAN card, demonstrating his roots in the community.
Considering these facts, the court concluded that conditional bail could be granted to the applicant.
Bail Conditions:
The court ordered that Vikas Ramdas Patil be released on a Personal Recognizance (P.R.) Bond of Rs. 25,000/- with one or two solvent sureties of the like amount.
The sole condition imposed was that “The applicant shall not repeat the offence or commit any other offence similar to the present one which is alleged against him.”
The bail application was disposed of accordingly.