NDPS BA No.1062/2023
..1..

in Spl. Case No.2315/2023
MHCC020185002023
Presented on
: 08-12-2023
Registered on : 08-12-2023
Decided on
: 03-01-2024
Duration
: 26 Days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
NDPS BAIL APPLICATION NO.1062 OF 2023
IN
NDPS REMAND APPLICATION NO.1412 OF 2023
IN
SPECIAL CASE NO.2315 OF 2023
Mr. Gaurav Chandrakant Gurav
Aged : 23 years, Occ: Service,
R/at : Building No.13, Room No.1314,
New Vidharb Society, Golibar Road,
Santacruz (East), Mumbai.

)
)
)
)
) .. Applicant/Accused
V/s.
The State of Maharashtra
)
(At the instance of Nirmal Nagar police )
station,
Mumbai,
vide
C.R. )
No.614/2023).
) .. Respondent/Prosecutor
Appearance :
Ld. Adv. Mr. Zoheb Shaikh, for applicant/accused.
Ld. APP Mr. Tarange, for respondent/prosecution.

NDPS BA No.1062/2023
..2..

in Spl. Case No.2315/2023
CORAM : K.P. KSHIRSAGAR
ADDL. SESSIONS JUDGE (C.R.43)
DATE
: 03/01/2024
ORAL ORDER
This is an application taken out by applicant/accused Mr.
Gaurav Chandrakant Gurav under section 439 of Code of Criminal
Procedure for enlarging him on bail in C.R. No.614/2023 registered at
Nirmal Nagar police station, Mumbai (now Special Case No.2315/2023)
for the offences punishable under section 8(c) r/w section 22(b) of
Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter
referred as “NDPS Act).
2.

Perused the application, documents filed therewith, say of
the learned APP and record of Special Case No.2315/2023. Heard,
arguments advanced by learned Advocate for applicant/accused and
learned APP.
3.

Learned Advocate for applicant/accused argued that, this is
the first bail application taken out by the applicant/accused and no
other bail application of the applicant/accused is pending in any higher
Court in respect of the above C.R. No.614/2023. Ld. Advocate for the
applicant/accused argued that, as per the prosecution case on
26/10/2023, 15 gram Mephedrone (MD) was recovered from the
possession of the applicant/accused. The quantity of contraband
recovered from the possession of the applicant/accused is intermediate
quantity. Therefore, rigours of section 37 of the NDPS Act are not
applicable. The trial is yet to be commenced. It will take much time for
conclusion. Applicant/accused is not having any criminal antecedent.

NDPS BA No.1062/2023
..3..

in Spl. Case No.2315/2023
Applicant/accused is in custody since 26/10/2023 and he is resident of
Mumbai. Charge-sheet is already filed against the applicant/accused
bearing Special Case No.2315/2023. The applicant/accused is ready to
abide by all conditions which the court may impose. Therefore, Ld.
Advocate for the applicant/accused prayed that, applicant/accused be
released on bail.
4.

On the other hand, Ld. APP argued that, 15 gram
Mephedrone (MD) was recovered from the possession of the
applicant/accused.

In
the
investigation
it
revealed
that,
applicant/accused was possessing same for the purpose of sale. The
applicant/accused is likely to commit similar offence if he is released on
bail. The presence of the applicant/accused in the society at large is
prejudicial to the society. There is no change in circumstances.
Therefore, Ld. APP submitted that, application be rejected.
5.

From
the
matter
on
record
it
appears
that,
the
applicant/accused is alleged to have committed offence punishable
under section 8(c) r/w section 22(b) of NDPS Act, 1985. The
punishment provided for the above offence may extend to 10 years and
with fine which may extend to Rs. One lakh only. Admittedly, the
quantity of contraband alleged to be recovered from applicant/accused
is a non-commercial quantity and it is intermediate quantity. As such the
rigours of section 37 of NDPS Act are not applicable in present matter.
From the record it appears that, already final report/charge-sheet is
submitted in the Court. As such, investigation in the present crime is
completed. Moreover, it appears that, the applicant/accused is in
custody since 26/10/2023 and now nothing is to be recovered from the
NDPS BA No.1062/2023
..4..

in Spl. Case No.2315/2023
applicant/accused. In the present matter as now investigation is
completed, there is change in circumstance.
6.

Personal liberty is most precious of all fundamental rights.

There is presumption of innocence unless the guilt is proved. The object
of the bail is to secure the attendance of the accused at the trial and the
object is neither punitive and preventive. From the material on record
prima facie, it appears that, applicant/accused had co-operated during
the investigation. Applicant/accused has also undertaken to co-operate
during the trial. From prima facie appreciation of the material on
record, presence of the applicant/accused is likely to be secured even if
he is released on bail. Moreover, interest of the prosecution can be
safeguarded by imposing certain conditions. Therefore, considering the
above discussion and prima facie appreciation of material on record
there appear no necessity for further detention of the accused for
facilitating further full and fair investigation.
9.

Considering the nature of offence, gravity of offence age
and antecedents of the accused and from prima facie appreciation of the
material on record release of the accused on bail at this stage is not
likely to be prejudicial to the interest of society at large. Interest of
prosecution can be safeguarded by imposing certain conditions.
Therefore,
there
appear
justifiable
grounds
for
releasing
the
applicant/accused on bail at the stage. As such the present application
deserves to be allowed. Hence, the following order.
ORDER
1.

NDPS
Bail
Application
No.1062/2023
in
NDPS
No.1412/2023 in Special Case No.2315/2023, is allowed.

RA
NDPS BA No.1062/2023
2.

..5..

in Spl. Case No.2315/2023
Applicant/accused Gaurav Chandrakant Gurav, be released on
bail in C.R. No.614/2023 for offences under section 8(c) r/w
section 22(b) of NDPS Act, 1985 registered by Nirmal Nagar
police station on executing personal bond of Rs.50,000/- only
(Rs. Fifty thousand only) with one surety in like amount on the
following conditions :
(a) Applicant/accused shall co-operate the Investigating Officer and
shall make himself available for interrogation by concern
Investigating Officer as and when required.
(b) Applicant/accused shall not tamper with prosecution evidence or
influence the prosecution witnesses in any manner.
(c) Applicant/accused shall co-operate in early disposal of the trial.
(d) Applicant/accused shall not commit any criminal offence while on the
bail.
(e) Applicant/accused and his surety shall provide there respective mobile
numbers and present address and proof of residence at the time of
execution of the bail bond/surety bond.
3.

NDPS Bail Application No.1062/2023 is disposed of accordingly.
(Pronounced in open Court)
Date : 03/01/2024.

(K.P. Kshirsagar)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Dictated on
:
03/01/2024
Transcribed on
:
03/01/2024
Checked on
:
03/01/2024
Signed on
:
03/01/2024
NDPS BA No.1062/2023
..6..

in Spl. Case No.2315/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
TIME
NAME OF STENOGRAPHER
04.01.2024
05.41 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. K.P. KSHIRSAGAR
NDPS Spl. Judge (C.R.No.43)
Date of Pronouncement of
Judgment/Order.

03/01/2024
Judgment/order signed by P.O 03/01/2024
on
Judgment/order uploaded on
04/01/2024