Mumbai, Maharashtra – In a recent ruling, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Greater Bombay, granted bail to Sona Lallan Gupta, a 19-year-old service worker, who was arrested in connection with a drug offense. The order, passed on December 14, 2023, by Special Judge (NDPS) Shri. A.V. Kharkar, allows Gupta’s release on bail after determining that the seized quantity of contraband was “non-commercial.”
Gupta was arrested by officers from Dindoshi Police Station in Crime Register (CR) No. 726 of 2023, for the offense punishable under Section 8(c) read with Section 22(b) of the NDPS Act. This particular section pertains to the possession of a small quantity of psychotropic substances.
Details of the Arrest and Allegations
According to the prosecution, on October 13, 2023, during routine patrolling, police observed Gupta on his motorcycle, exhibiting suspicious movements while seemingly waiting for someone. He was subsequently detained, and a search was conducted in the presence of two panch witnesses. During this personal search, 5 grams of MD (Mephedrone) was allegedly found in his possession, leading to his prosecution under the NDPS Act.
Arguments for and Against Bail
Advocate Mr. Sunil Gomase, representing Sona Lallan Gupta, argued that the seized quantity of MD was a non-commercial quantity, which means the stringent bar of Section 37 of the NDPS Act – typically applied in cases involving commercial quantities and imposing a higher burden on the accused for bail – would not be applicable. He also pointed out alleged non-compliance with statutory provisions regarding search and seizure, though this specific argument was not elaborated upon in the court’s final order.
On the other hand, APP Mr. Wajid Shaikh, for the State, sought the rejection of the bail application. He contended that the investigation was still in progress and highlighted the gravity of the offense.
Court’s Decision and Rationale
After hearing both sides and perusing the prosecution’s “say” (response to the bail application), Special Judge Shri. A.V. Kharkar observed that the seized contraband indeed fell under the category of a non-commercial quantity.
“The seized contraband is non commercial quantity. Hence, bar of Section 37 of the NDPS Act would not apply,” the order stated.
The court further noted the absence of any criminal antecedents against Sona Lallan Gupta. Considering these factors, the court found “no impediment to release the accused on bail.”
Conditions for Bail
The court allowed Bail Application No. 1012 of 2023, ordering Sona Lallan Gupta’s release on furnishing a solvent surety and a Personal Recognizance (P.R.) bond of Rs. 40,000/-.
In addition, several conditions were imposed to ensure the applicant’s cooperation and prevent obstruction of justice:
- Gupta and his surety must provide their residential addresses, mobile numbers, and email addresses.
- He is strictly prohibited from tampering with evidence or threatening prosecution witnesses.
- To ensure he does not flee, Gupta is required to mark his presence at Dindoshi Police Station every Tuesday and Thursday between 11:00 a.m. and 4:00 p.m. until further orders.
- Prior to his release, he must furnish his residential proof and deposit his passport, if any, with the Investigating Officer, with intimation to the court.
- He is explicitly directed not to commit offenses of a similar nature.
The bail application was accordingly disposed of. This decision underscores the judiciary’s approach in NDPS cases where the quantity of seized contraband plays a crucial role in determining the applicability of stricter bail provisions.