BA 790/2023
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MHCC020132782023
Presented on
Registered on
Decided on
Duration
: 11.09.2023
: 11.09.2023
: 19.10.2023
: 1 month 08 days
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 790 OF 2023
IN
F. No. NCB/MZU/C R – 10/2023
Kiran Rangrao Sonone
Age : 33 years,
R/o : R. No.01, Jai Malhar Nagar,
Sai Ram Apartment, Phase- 4,
B wing, Bapgaon,
Kalyan – 421 302.

… Applicant/accused no.1
V/s.
Union of India
through Intelligence Officer,
Narcotics Control Bureau,
Mumbai Zonal Unit
… Respondent
Appearance :Ms. Munira Palanpurwala, Adv. for the applicant.
Mrs. Leena Shinde, SPP for the NCB.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
19.10.2023
ORDER
This is an application filed by applicant – Kiran Rangrao
Sonone for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested on 27.05.2023 in C.R. No. 10/2023
registered at NCB, Mumbai Zonal Unit, Mumbai for offence punishable
BA 790/2023
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under sections 8(c) r/w 20(b)(ii)©, 28 and 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (For short, “the NDPS Act”).
Perused bail application, say filed by the Investigating Officer through
learned S.P.P. and documents filed by Ld. Adv. for the applicant/accused.
2.

Heard learned Counsel Ms. Munira Palanpurwala for the
applicant and learned S.P.P. Mrs. Leena Shinde for the respondent/NCB.
3.

It is the case of prosecution that on the basis of specific
information that two persons namely Kiran Rangrao Sonone (accused
no.1), aged about 33 years, height about 5.5 feet and Jyoti Krishnanand
Keshari (accused no.2), aged about 30 years, height about 5.2 feet are
coming from Visakhapatnam on 26.05.2023 by Train No. 18519, VSKP
LTT Express to LTT Station, Kurla and they would reach LTT Station at
04.15 hrs. on 27.05.2023. Their coach number was S-9 and seat nos.
were 11 and 12. They were carrying large quantity of Ganja and they
were travelling from Visakhapatnam (A.P.) to LT Terminal, Kurla
(Maharashtra) and proposed for necessary action, the officers of NCB,
Mumbai Zonal Unit has seized 20.500 kgs. of fruiting and flowering top
of Gnaja/Marijuana on 27.05.2023 at the main gate of Lokmanya Tilak
Terminal Railway Station, Mumbai in the bags carried by them.
Panchanama was prepared and both accused were placed under arrest.
4.

The applicant is seeking bail on the grounds that as per
case of prosecution, there were two bags carried each by both accused.
The total contraband recovered from both bags totals to 20.5 kgs.
Hence, the entire 20.5 kgs. of Ganja cannot be attributed to the
applicant/accused. The packets said to contain Ganja were mixed
together and then, samples were withdrawn, which is in complete
contravention to the Standing Order 1/88 and 1/89 and also the Rules
BA 790/2023
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of Sampling. The applicant cannot be charged for possession of
commercial quantity of Ganja/Marijuana, so as to attract the stringent
provisions of Sec. 37 of the NDPS Act. The applicant is innocent and he
has been falsely framed in this case. Allegations made against the
present
applicant/accused
are
totally
false
and
baseless.

The
applicant/accused belongs to a poor family and is only earning member
in his family. The applicant is permanent resident of Kalyan. There is
no apprehension that the applicant/accused would abscond from justice
or tamper with witnesses. The applicant/accused undertakes to abide by
any terms and conditions as this Court may deem fit. He prayed for bail.
5.

Ld. Adv. Ms. Munira Palanpurwala for the applicant
submitted that there is joint appraisal of rights u/sec. 50 of the NDPS
Act. Notices u/sec. 50 of the NDPS Act are issued to both accused. Sec.
50 of the NDPS Act is applicable to the case in hand. Joint appraisal is
not appraisal as per law. There is nothing on record with regard to
pigmentation of seized contraband. Contents in two bags mixed
together and it is not permissible in law. The applicant does not have
criminal
antecedents.

She
prayed
for
granting
bail
to
the
applicant/accused.
6.

Ld. SPP Leena Shinde for NCB submitted that 20.5 kgs. of
Ganja is recovered from both accused and it is commercial quantity.
Accused no.1 and 2 were travelling together and they were in joint
possession of the contraband. Therefore, both of them are arrested.
Investigation is in progress. Aspect of sec. 52-A of the NDPS Act can be
looked at the stage of trial. Prima-facie material is available. Both
accused were going to serve seized contraband to Sarwari Begum. She
prayed for rejection of the bail application.

BA 790/2023
7.

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On perusal of the record, it appears that specific
information was received stating that both accused were going to travel
by train no. 18519 from Vishakhapatnam to LTT Station, Kurla on
26.05.2023 and the said train was going to reach at LTT Station, Kurla
at 04.15 hrs. of 27.05.2023. Furthermore, particulars of coach number
and seat numbers were also mentioned in the specific information.
Accordingly, trap was laid and both accused were apprehended. Both
of them are shown to be in joint possession of two bags containing five
packets of the contraband in each bag. Field Tests were conducted and
thereafter, contents in all bags were mixed together for making
homogenous mixture of the contraband. In short, requirement of Rule
10 of the NDPS Rules, 2022 was followed before making homogenous
mixture of the contraband. It is specifically provided in Rule 10 of the
NDPS Rules, 2022 that in case of Ganja, Poppy straw and Hashish
(charas) it may be bunched in lots of not more than fourty packets or
containers. Therefore, there is no material flaw in the process of mixing
seized contraband. Ld. counsel Mr. Rajendra Bidkar has given stress upon
drawing of samples before the Magistrate. Legal effect of compliance of
sec. 52-A of the NDPS Act can be considered specifically in the course of
trial.
8.

Both accused were appraised of their rights u/sec. 50 of the
NDPS Act. No material is pointed out to show that there is joint appraisal
of rights u/sec. 50 of the NDPS Act. Even otherwise, recovery of the
contraband is made from the bags in a public place and it does not attract
sec.50 of the NDPS Act. Both accused were travelling together and they
were possessing Ganja in proportion of commercial quantity. Considering
factual aspect of the case in hand, citations relied by Ld. Counsel for the
applicant are not applicable to the case in hand. Hon’ble Supreme court
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has considered the aspect of joint possession and liability of the accused in
the case of Union of India v/s. Mohd. Nawaz Khan (2021) 10 SCC 100 and
considered the fact that both accused were in contact with each other and
they travelled from Dinapur towards Rampur by the vehicle and 3.300 kgs.
of contraband was concealed in the said vehicle. By considering all these
aspects, bail granted to the applicant therein was cancelled by the Hon’ble
Supreme Court. In short, commercial quantity of Ganja is seized from both
accused. Specific information was received in advance. Bar u/sec. 37 of
the NDPS Act is attracted. There is prima-facie material available against
both accused. Grounds raised by the applicant are not sufficient to
overcome riders u/sec. 37 of the NDPS Act. For all these reasons, the
applicant is not entitled to bail. Hence, I pass the following order.
ORDER
1. Bail Application No. 790/2023 stands rejected.
2. Application is disposed off accordingly.

Date : 19.10.2023
Dictated on
Transcribed on
Checked on
Signed on
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
: 19.10.2023
: 20.10.2023
: 22.10.2023
: 23.10.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
23.10.2023
Name of the Judge
TIME
NAME OF STENOGRAPHER
04.05 p.m.

Mrs. S. W. Tuscano
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
19.10.2023
BA 790/2023
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
-623.10.2023
23.10.2023