Greater Mumbai, October 6, 2023 – The Special Court for Narcotic Drug and Psychotropic Substances Act, 1985, at Gr. Bombay, presided over by Additional Sessions Judge K.P. Kshirsagar (C.R.43), has granted bail to Santosh Appaji Sonawane @ Apparva, a 33-year-old daily wage laborer residing in Kurla West. The order, dated October 5, 2023, and officially uploaded today, concludes NDPS Bail Application No. 774 of 2023, which was filed in connection with Spl. LAC/C.R. No. 262/2023 registered at Ghatkopar Police Station.

Sonawane was arrested on August 4, 2023, after the alleged recovery of 20 grams of Mephedrone (MD) from his possession. Consequently, he was charged under Section 8(c) read with Section 22(b) of the NDPS Act, 1985.

Advocate Meshram, representing Sonawane, argued that this was his client’s first bail application and no other such application was pending or had been rejected by any higher court. He emphasized that the 20 grams of MD recovered falls under the intermediate quantity as defined by the NDPS Act, thus excluding the applicability of the stringent provisions of Section 37 of the Act, which impose limitations on granting bail. Advocate Meshram further stated that Sonawane has no prior criminal record and has been in custody since his arrest. He also highlighted that Sonawane is a permanent resident of Mumbai and is willing to abide by all conditions imposed by the court if granted bail.

The learned APP Mr. P.J. Tarange opposed the bail application, arguing that the recovery of 20 grams of MD from Sonawane’s conscious possession constituted a serious offense. He contended that the investigation was still incomplete, and there was a likelihood of Sonawane committing similar offenses or hampering the investigation if released on bail. The APP also expressed concerns about securing Sonawane’s presence if he were granted bail.

However, Additional Sessions Judge Kshirsagar, after considering the arguments and the material on record, ruled in favor of granting bail to Santosh Appaji Sonawane. The court noted that the alleged recovery of 20 grams of MD indeed falls under the intermediate quantity, and therefore, the stringent provisions of Section 37 of the NDPS Act are not attracted in this case. The court also took into account that Sonawane has been in custody since August 4, 2023, and there was no indication of any further recoveries to be made from him. Furthermore, the court observed that no prior criminal antecedents were attributed to Sonawane. Based on the prosecution’s reply to the bail application, the court found no just ground necessitating Sonawane’s further detention.

Emphasizing the fundamental right to personal liberty and the presumption of innocence, the court reiterated that the primary objective of bail is to ensure the accused’s attendance at trial, not to serve as a punitive or preventive measure. The court noted Sonawane’s apparent cooperation during the investigation and his undertaking to continue cooperating during the trial. Prima facie, the court believed that Sonawane’s presence could be secured even if released on bail, and the prosecution’s interests could be safeguarded by imposing appropriate conditions.

Considering the nature and gravity of the offense, Sonawane’s age, his lack of criminal history, and the prima facie assessment of the material on record, the court concluded that his release on bail at this stage was unlikely to prejudice the ongoing investigation or the interests of society at large. Thus, the court found justifiable grounds for granting bail.

Consequently, NDPS Bail Application No. 774 of 2023 was allowed, and Santosh Appaji Sonawane @ Apparva was ordered to be released on bail upon executing a personal bond of ₹50,000 (Rupees Fifty Thousand only) with one surety of a like amount, subject to the following conditions:

• Sonawane must cooperate with the Investigating Officer and make himself available for interrogation as and when required.
• He shall not tamper with prosecution evidence or influence prosecution witnesses in any manner.
• He must cooperate in the early disposal of the trial.
• He shall not commit any criminal offense while on bail.
• Sonawane and his surety must provide their respective mobile numbers, present addresses, and proof of residence at the time of executing the bail bond/surety bond.

The order, pronounced on October 5, 2023, and officially uploaded today, October 6, 2023, at 11:51 a.m., provides a temporary release for Santosh Appaji Sonawane as he awaits further legal proceedings in the NDPS case registered against him at Ghatkopar Police Station.