Greater Mumbai, October 17, 2023 – In a recent order passed by the Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat, an applicant, Dilip Baldev Tandel (30), arrested in connection with a drug seizure at Juhu Chaupati, has been granted bail. Tandel was apprehended by Santacruz Police on August 24, 2023, in C.R. No. 680/2023, for offences punishable under sections 8(c) read with section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The bail application, BA No. 814 of 2023, was presented and registered on September 15, 2023, and the final decision was pronounced on October 16, 2023, after a period of one month and one day.

According to the prosecution’s case, on August 24, 2023, while on patrolling duty near Ramada Hotel at Juhu Chaupati, the police noticed Tandel in a suspicious condition holding a black polythene bag. Upon noticing the police, Tandel allegedly attempted to flee but was apprehended. Following due procedure and in the presence of panchas (independent witnesses), a search was conducted, leading to the recovery of 2055 grams of ganja from the black polythene bag in Tandel’s possession. Subsequently, an offence was registered, and Tandel was arrested.

The applicant sought bail primarily on the grounds of false implication and innocence. His counsel, Mr. Kiran Gogavale, argued that the recovered quantity of 2055 grams of ganja falls under the “intermediate quantity” as defined under the NDPS Act. This is a crucial point, as Section 37 of the NDPS Act, which imposes stringent restrictions on the grant of bail, is not applicable in cases involving intermediate quantities. Mr. Gogavale further submitted that Tandel is a permanent resident of Mumbai, is ready to abide by all conditions imposed by the court, and will cooperate with the ongoing investigation. He also stated that the applicant has no prior criminal record.

The learned Additional Public Prosecutor (APP), Mr. Shankar Erande, representing the State, opposed the bail application, highlighting that the case originated from a patrolling activity where the applicant was found in possession of the contraband. He also stated that Section 50 of the NDPS Act, concerning the procedure for search and seizure, was followed and that the investigation is still in progress. The APP argued that the offence is serious and thus, the bail application should be rejected.

However, upon perusal of the case records, the Special Judge Shri R. R. Bhagwat noted the significant fact that the recovered quantity of ganja was indeed an intermediate quantity, thereby not attracting the stringent provisions of Section 37 of the NDPS Act. The court also took into consideration that the applicant has no known criminal antecedents and is a resident of Mumbai, ensuring his availability for the trial. The court opined that the applicant’s presence could be secured by imposing strict conditions while granting bail, which would also serve the purpose of the ongoing investigation.

Considering these factors, the court deemed the applicant entitled to bail and passed the following order:

ORDER

1. Bail Application No. 814/2023 is hereby allowed.
2. Applicant/accused Dilip Baldev Tandel in C. R. No. 680/2023 of Santacruz Police Station, Mumbai, registered under section 8(c) r/w sec. 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be released on executing a Personal Recognizance (P.R.) Bond of ₹40,000/- (Rupees Forty Thousand only) with one or two sureties of the like amount.
3. The applicant/accused shall attend Santacruz Police Station every Monday between 11:00 a.m. and 02:00 p.m. until the filing of the charge sheet.
4. The applicant/accused and his sureties shall provide their respective mobile numbers and correct addresses of their residences, along with the names and mobile numbers of two relatives with their addresses.
5. The applicant/accused shall produce proof of his identity and proof of residence at the time of executing the bail bond.
6. The applicant/accused shall not tamper with prosecution witnesses or evidence in any manner and shall cooperate in the early disposal of the trial.
7. The applicant/accused shall not commit any similar offence while on bail.
8. Upon the request of the learned Advocate for the applicant/accused, the applicant/accused shall be released on provisional cash bail of ₹40,000/- for the next four weeks from the date of this order.
9. Accordingly, BA 814/2023 is disposed of.

The order was dictated, transcribed, and signed on October 16, 2023, and subsequently uploaded on the court’s website on October 17, 2023. This decision highlights the nuanced application of the NDPS Act, particularly concerning the categorization of seized substances and its implications on the grant of bail. The release of Dilip Baldev Tandel on bail is subject to his adherence to the stringent conditions laid down by the Special Judge.