Mumbai, January 3, 2024 – The Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), at Greater Bombay, today granted bail to Gaurav Chandrakant Gurav, 23, who was arrested in October 2023 in connection with the alleged possession of Mephedrone (MD). The court’s decision was based on the fact that the seized quantity of MD was an “intermediate quantity,” thus not triggering the stringent bail provisions of Section 37 of the NDPS Act, and that the investigation had been completed with the filing of a chargesheet.

Gurav, a service professional residing in Santacruz (East), Mumbai, was arrested on October 26, 2023, by the Nirmal Nagar police station (C.R. No. 614/2023, now Special Case No. 2315/2023) for offenses punishable under Section 8(c) read with Section 22(b) of the NDPS Act. The prosecution’s case alleged that 15 grams of Mephedrone were recovered from his possession.

During the bail hearing (NDPS Bail Application No. 1062 of 2023), Mr. Zoheb Shaikh, the learned advocate for Gurav, argued that the 15 grams of MD seized fell under the “intermediate quantity” category, meaning the rigorous conditions of Section 37 of the NDPS Act for granting bail were not applicable. He further highlighted that Gurav has no criminal antecedents, has been in custody since his arrest on October 26, 2023, and is a resident of Mumbai. Crucially, Mr. Shaikh informed the court that a chargesheet (Special Case No. 2315/2023) had already been filed against his client, indicating the completion of the investigation. He also submitted that the trial would take a considerable amount of time to conclude and that Gurav was ready to abide by any conditions imposed by the court.

Ld. APP Mr. Tarange, representing the prosecution, opposed the bail application. He contended that the 15 grams of MD were possessed for the purpose of sale and expressed concerns that Gurav might commit similar offenses if released on bail, arguing that his presence in society would be prejudicial. The APP maintained that there was “no change in circumstances” to warrant bail.

After reviewing the application, documents, and the record of Special Case No. 2315/2023, Additional Sessions Judge K.P. Kshirsagar (C.R. 43) noted that the quantity of contraband recovered from Gurav was “admittedly… a non-commercial quantity and it is intermediate quantity,” thereby confirming that the rigours of Section 37 of the NDPS Act were not applicable.

The court also found a significant change in circumstances: “From the record it appears that, already final report/charge-sheet is submitted in the Court. As such, investigation in the present crime is completed.” The judge observed that since the investigation was completed, “nothing is to be recovered from the applicant/accused.”

Emphasizing the fundamental right to personal liberty and the presumption of innocence, the court reiterated that the purpose of bail is to secure the accused’s attendance at trial, not to be punitive or preventive. Judge Kshirsagar found a prima facie indication that Gurav had cooperated during the investigation and was willing to cooperate during the trial. The court concluded that Gurav’s presence would likely be secured even if released on bail and that the prosecution’s interests could be safeguarded by imposing certain conditions.

The court determined that there was “no necessity for further detention of the accused for facilitating further full and fair investigation” and that his release on bail at this stage was “not likely to be prejudicial to the interest of society at large.”

Consequently, Gaurav Chandrakant Gurav has been granted bail upon executing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount.

The bail is subject to the following conditions:

• Gurav shall 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 shall cooperate in the early disposal of the trial.
• He shall not commit any criminal offense while on bail.
• He and his surety shall provide their respective mobile numbers and present address with proof of residence at the time of executing the bail bond/surety bond.

The NDPS Bail Application No. 1062 of 2023 has been disposed of accordingly.