BA 783/2023
..1..

MHCC020135732023
Presented on
Registered on
Decided on
Duration
: 06.09.2023
: 06.09.2023
: 03.10.2023
: 27 days
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
BAIL APPLICATION NO. 783 OF 2023
IN
C. R. No. 74/2023
IN
(R.A.No.1117/2023)
Ranvir Kishor Gadhvi
Age : 26 years
R/o : C/72, Ganjewala Apt.,
Bldg. No. 2, 4th floor,
Borivali (W), Mumbai.

… Applicant
V/s.
State of Maharashtra
(ANC, Kandivali Unit)
… Respondent
Appearance :Ms. Lochan Chandka, Adv. for the applicant.
Mr. Shankar Erande, APP for Respondent/State.
CORAM :
H.H. THE SPECIAL JUDGE
SHRI R. R. BHAGWAT (C.R.44)
DATE :
03.10.2023
ORDER
This is an application filed by applicant – Ranvir Kishor
Gadhvi for grant of bail under Section 439 of Code of Criminal
Procedure, 1860, who was arrested on 22.08.2023 in C.R. No. 74/2023
registered at ANC, Kandivali Unit, Mumbai for offence punishable
under sections 8(c) r/w 22(b) of the Narcotic Drugs and Psychotropic
BA 783/2023
-2-
Substances Act, 1985 (For short, “the NDPS Act”). Perused bail
application and say filed by the Investigating Officer through learned
A.P.P.
2.

Heard learned Counsel Ms. Lochan Chandka for the applicant
and learned A.P.P. Mr. Shankar Erande for the respondent/State.
3.

It is the case of prosecution that on 22.08.2023, the officers
of the respondent were on patrolling duty with an intention to nab
persons involved in consumption and sale of Narcotic and Psychotropic
Substance. At around 19.05 hours near R. G. Plot, Ganjewala Garden
main gate, Boriwali (W), one person was found standing in a suspicious
manner. Hence, he was intercepted. During enquiry he stated his name
as Ranvir Gadhavi and he is carrying Mephedrone (M.D.) Therefore,
panchas were called. After completing necessary procedure, search
was taken, wherein applicant was found in possession of 40 gms. MD
concealed in a Ziplock pouch worth Rs.80,000/- and one mobile hand
set.

Contraband Mephedrone and mobile was seized by preparing
panchanama and the applicant was placed under arrest after
registration of the offence.
4.

The applicant is seeking bail on the grounds that the
applicant is innocent and he has been falsely implicated in this case.
Intermediate quantity of mephedrone is recovered from the applicant.
Hon’ble High Court and Hon’ble Supreme Court has granted bail in
several cases of intermediate quantity. He also quoted several citations
in support of the bail application. The applicant is ready and willing to
abide by all conditions imposed by this Court. He prayed for bail.
5.

Ld. Adv. Ms. Lochan Chandka for the applicant submitted
that intermediate quantity of MD i.e. 40 grams is seized. The applicant
BA 783/2023
-3-
is a young boy. She narrated contents in the bail application and prayed
for granting bail to the applicant.
6.

Ld. APP Shankar Erande for the State submitted that on
22.08.2023, while doing patrolling, the applicant is found in possession
of 40 grams of MD. Section 50 of the NDPS Act is followed. Though
seized contraband is having non-commercial quantity, offence is serious.
Wanted accused is not yet arrested. Therefore, bail should be rejected.
He relied upon observations in the case of Narcotics Control Bureau
v/s. Mohit Aggarwal Criminal Appeal Nos. 1001-1002 of 2022 arising
out of petitions for Special Leave to Appeal (Cri.) No.6128-29 of 2021
decided by Hon’ble Supreme Court on 19.07.2022. Seized contraband
is near commercial quantity. He prayed for rejection of the bail
application.
7.

On perusal of the record, it appears that intermediate
quantity of contraband is recovered. Bar under section 37 of the NDPS
Act is not attracted. The applicant is resident of Mumbai. He does not
have criminal antecedents. The applicant is a young boy. Presence of
the applicant can be secured. Stringent conditions can be imposed while
releasing the applicant on bail in order to serve purpose of remaining
investigation. For all these reasons, the applicant is entitled to bail.
Hence, I pass the following order.
ORDER
1. Bail Application No. 783/2023 is hereby allowed.
2. Applicant/accused Ranvir Kishor Gadhvi in C.R. No. 74/2023 of Anti
Narcotic Cell, Kandivali Unit, Mumbai registered under section 8(c)
r/w 22(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985
shall be released on his executing P. R. Bond of Rs. 60,000/- (Rs. Sixty
Thousand only) with one or more sureties in the like amount on
following conditions :-
BA 783/2023
-4-
(i)
The applicant shall attend office of Anti Narcotic Cell,
Kandivali Unit, Mumbai on every Monday during 10.00 a.m. to
2.00 p.m. till filing of the charge-sheet from the date of this order
for investigation purpose of the present crime.

(ii)
The applicant/accused and his sureties shall provide their
respective mobile numbers and correct addresses of their
residences alongwith names of two relatives with their mobile
numbers and addresses.

(iii)
The applicant/accused shall produce the proof of his identity and
proof of residence at the time of executing the Bail Bonds.

(iv)
The applicant/accused shall not tamper with prosecution
witnesses/evidence in any manner and co-operate in early
disposal of trial.

(v)
The applicant/accused shall not commit similar offence while on
bail.

3. Application is disposed off accordingly.

Date : 03.10.2023
Dictated on
: 03.10.2023
Transcribed on : 04.10.2023
Signed on
: 04.10.2023
(R. R. BHAGWAT)
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. No.44)
BA 783/2023
-5-
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
04.10.2023
TIME
NAME OF STENOGRAPHER
4.30 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri R. R. Bhagwat
(C.R. No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
03.10.2023
03.10.2023
04.10.2023