MUMBAI, May 9, 2024 — The Special Judge for Narcotics Drugs and Psychotropic Substances (NDPS) Cases in Greater Mumbai has granted regular bail to Aditya Vilas Havale @ Avale, a 21-year-old accused, in a case involving the consumption and possession of cannabis.
Special Judge B. Y. Phad (C.R.44) passed the order on May 8, 2024, releasing Havale on a Personal Bond of Rs. 30,000/− with one or two solvent sureties of the like amount.
Focus on the Minor Nature of the Charge
The accused was arrested by the Kurla Railway Police in connection with C.R. No. 526/2024, registered under Section 8(c) read with Section 27 of the NDPS Act, 1985. Section 27 deals with the consumption of any narcotic drug or psychotropic substance.
The court’s decision was significantly influenced by the nature of the accusation and the potential penalty. The Special Judge noted two key reasons for allowing the bail:
- The quantity of Ganja found was “not quantified” in the prosecution’s report.
- The accusation falls under Section 27 of the NDPS Act, which carries a maximum punishment of one year of imprisonment.
The court concluded that considering these submissions, it was “proper to release the applicant on bail.”
Arrest and Prosecution’s Objections
According to the Investigating Officer’s reply, the applicant was found smoking something by officers on May 3, 2024. Upon inspection, he was allegedly found possessing Ganja in a sachet and in a cigar/cheroot, leading to his arrest.
Ld. APP Mr. Shankar Erande opposed the application, arguing that if released, the accused might repeat the crime, pressurize witnesses, and tamper with evidence.
The defense counsel, Ms. Smita Pawar, countered by arguing that the applicant, who is an employee of the BMC (Brihanmumbai Municipal Corporation), had been falsely implicated on mere suspicion. She also contended there was non-compliance with procedural safeguards under Sections 42 and 50 of the NDPS Act and stressed the applicant’s clean antecedents and stable ties to society.
Stringent Reporting Conditions Imposed
While granting the bail, the court imposed specific and strict conditions to ensure the accused’s participation in the investigation and trial process:
- The applicant has been allowed a provisional cash bail of Rs. 30,000/− for eight weeks to arrange for the solvent sureties.
- The accused is directed to report to the Kurla Railway Police on the third Sunday of every month between 10:00 a.m. and 11:00 a.m., until the final police report is filed.
- He is strictly warned not to commit a similar offense while on bail.
- He must not tamper with prosecution witnesses or evidence and must cooperate for the early disposal of the trial.
The application, Bail Application No. 1218/2024, was disposed of with these conditions.