BA.No.1030/2023
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NDPS.RA.No.912/2023
MHCC02-017731-2023
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.1030 OF 2023
IN
NDPS REMAND APPLICATION NO.912 OF 2023
Aniket Arvind Chanchal
Occ.-Student, R/at- room No. C-1001,
KGST, Parisar, Sector 7, Near Hiranandani
Kharghar, Mumbai 410210
)
)
)
)
.. Applicant/Accused.

)
)
)
.. Respondent.

VERSUS
The State of Maharashtra
(at the instance of ANC Kandivali Unit
vide C.R.No.60 of 2023.

Advocate Mr. Pathak for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
th
DATE : 2 January, 2024.
ORDER
1.

This is an application for bail by applicant/accused Aniket Arvind
Chanchal who has been arrested by ANC Kandivali Unit in C.R. No.60
of 2023, for the offence punishable under Section 8(c) read with
Section 20, 22(C), 29 of the Narcotic Drugs and Psychotropic Substance
Act, 1985, (for short, ‘NDPS Act’).
2.

Heard counsel for both the sides. This is the second bail
application. The first bail application was rejected. The counsel for the
accused has submitted that the bail application is filed on fresh grounds
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and in change circumstances. He has submitted that the chargesheet
has been filed in the matter and new grounds are being agitated.
3.

The case of the prosecution is that during the routine course of
patrolling, the officer of ANC saw two young boys standing besides the
road. One of the boy was carrying a bag in the hand. On noticing the
police party, he thrust the bag in his pocket and both the persons tried
to hurriedly get away from the spot. The officers of the ANC stopped
them. The applicant gave evasive replies about the contents of the bag.
The officers then arranged for panch witness. The applicant was
apprised of the right under section 50 of the NDPS Act. He was
searched in presence of panch witness. The applicant was found
carrying LSD blots weighting 0.81 grams. The other accused was found
carrying hydro ganja in non commercial quantity.
4.

In the contention of the accused, he has submitted that the
officers of the ANC did not follow the mandatory safeguard under
section 50 of the NDPS Act and this would vitiate the procedure of
search and seizure and hence the bar of the section 37 would be lifted
and the accused would be entitled for bail. He has submitted that in the
remand report, it has been mentioned that the accused was apprised of
rights under section 50 of the NDPS Act and thereafter searched. That
search resulted in recovery of the LSD blots. However, in the
panchanama, it is mentioned that the applicant handed over the bag
containing LSD blots and thereafter, notice was issued to him and he
was searched. Nothing was recovered during his personal search. The
APP has submitted that this aspect can not be gone into and will have
to be considered at the time of trial.

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5.

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NDPS.RA.No.912/2023
I had gone through the copy of the remand report placed on
record by the accused. I have gone through the panchanama annexed
to the chargesheet. In the remand report, it is mentioned that the
panch were summoned. In their presence the accused was informed
about his right under section 50 of the NDPS Act and thereafter
searched. That search resulted in recovery of the LSD blots. However,
in the panchanama,it is mentioned that the accused was questioned
about the plastic bag which he hurriedly thrust in his pocket. On being
questioned about the contents the accused replied that the bag
contained LSD blots which were used for intoxication. Thereafter, he
was given a notice and the bag was opened. There is a stark difference
in the version given in the panchanama and the remand report. As per
the remand report, the applicant did not voluntarily hand over the bag
to the police but it was recovered during the personal search . On the
contrary, the panchanama states that the bag was first handed over to
the police and thereafter, he was given notice under section 50 of the
NDPS Act. This creates a doubt about the procedure adopted by the
ANC officer.
6.

The counsel for the accused has pointed out that the reason, the
police officer suspected the applicant was that he was carrying bag in
the hand. He has submitted that the said transparent bag is not seized.
Moreover, a plastic bag containing just 0.80 grams of paper would be
very inconspicuous to be visible from a patrolling vehicle and this by
itself would make the case of the prosecution suspicious. Moreover, the
story of the prosecution appears to be inherently unreliable. It is
impossible to believe that a person to give evasive replies to the police
and in span of few minutes, in presence of panch witnesses, the same
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person voluntarily make statement that he is possessing a particular
narcotic substance which is used for intoxication.
7.

On going through the chargesheet and remand report, there is a
difference in the version. The remand report shows that recovery was
made during search after issuing notice under section 50 of NDPS Act.
On the other hand, the panchanama shows that recovery was made
before notice under section 50 of NDPS Act when accused voluntarily
handed over contraband to police. A serious doubt is created as to
whether the applicant was informed his rights under section 50 of the
NDPS Act before conducting his personal search. In such case, a
reasonable doubt is created and bar of section 37 of the NDPS Act is
lifted. Considering that the accused is of 22 years of age and he is a
student and that he does not have criminal antecedents, the accused
can be released on bail by imposing stringent condition. Hence
following order is passed.
Order
1.

Bail Application No.1030 of 2023 is hereby allowed.

2.

Applicant/Accused Aniket Arvind Chanchal, being accused in
C.R.No.60 of 2023, registered with ANC Kandivali Unit , for the offence
punishable under Section Section 8(c) read with Section 20, 22(C), 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985, be
released on furnishing solvent surety and P.R. bond of Rs.70,000/(Rupees Seventy Thousand Only).
3.

The applicant/accused and his surety shall provide their
respective residential addresses, mobile numbers and email addressed,
if any.

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4.

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The applicant/accused shall not tamper with evidence or offer
inducement or threaten prosecution witnesses.
5.

To ensure that the applicant/accused does not flee, he is required
to mark his presence with ANC Kandivali Unit on every Monday and
Saturday between 11.00 a.m. and 4.00 p.m, untill further order.
6.

Prior to his release, the applicant/accused shall furnish his
residential proof and deposit Passport, if any, with Investigating Officer
under intimation to this Court.
7.

The applicant/accused shall not commit offence of similar
nature.
8.

Bail Application No.1030 of 2023 in NDPS Remand Application
No.912 of 2023 is disposed off.
Date : 02.01.2024
Dictated on
: 02.01.2024
Typed on
: 02.01.2024
HHJ signed on : 02.01.2024
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

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NDPS.RA.No.912/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
/ p.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 12.01.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
JUDGMENT/ORDER uploaded on