Mumbai, October 7, 2023 – Jateen Prakash Mistry, aged 33, has been granted bail by the Special Judge for NDPS Cases at Greater Mumbai, Shri R. R. Bhagwat. Mistry, who was arrested on September 1, 2023, in connection with C.R. No. 76/2023 registered by the Anti Narcotics Cell (ANC), Azad Maidan Unit, faced charges under Sections 8(c) read with 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The court’s decision hinged on the fact that the quantity of contraband allegedly recovered from Mistry was an “intermediate quantity” and thus not a “commercial quantity,” which would have attracted the stringent provisions of Section 37 of the NDPS Act, making bail more difficult to obtain.

The Case Background:

The prosecution’s narrative began on August 31, 2023, when Police Inspector Dahiphale and his team from the ANC were on patrolling duty. Near Badruddin Tayyabji Road, S.T. College Compound, they observed a person, later identified as accused no.1 Niraj Mukesh Waghela, exhibiting suspicious movements. Upon spotting the police vehicle, Waghela attempted to flee but was apprehended. When questioned, he allegedly admitted to possessing “Charas” (hashish).

Following the necessary procedures, a search of Waghela led to the recovery of 80 grams of Charas. During his interrogation, Waghela reportedly disclosed that he obtained the contraband from Jateen Prakash Mistry (accused no.2), who is the son of his employer. Waghela then led the police and two panchas to Flat No.1501 in Shripati Castle Building, Khetwadi, Girgaon.

At this location, police apprehended Jateen Prakash Mistry (accused no.2) along with three other individuals: Jatin Narendra Parmar (accused no.3), Pratik Nandkumar Jadhav (accused no.4), and Ankit Hemant Kalgutkar (accused no.5). Searches at the premises resulted in the recovery of:

• Jateen Prakash Mistry (Accused no.2): 500 grams of Charas (150 grams + 350 grams), an electric weighing machine, and 35 Ziplock plastic bags.
• Jatin Narendra Parmar (Accused no.3): 100 grams of Charas and 30 grams of Ganja.
• Pratik Nandakumar Jadhav (Accused no.4) and Ankit Hemant Kalgutkar (Accused no.5): 50 grams of Charas each.

All recovered contraband was seized, and all accused were arrested.

Arguments for Bail:

Mr. Mangesh Singh, the counsel for Jateen Prakash Mistry, argued that the quantity of contraband recovered individually and collectively from the accused did not amount to a commercial quantity, thus negating the applicability of Section 37 of the NDPS Act. He also highlighted that the investigation was largely complete, with nothing further to be recovered at Mistry’s instance. Mr. Singh asserted that Mistry had no prior criminal antecedents, was a permanent resident of Mumbai, and was willing to comply with all court-imposed conditions.

Prosecution’s Opposition:

Mr. Shankar Erande, the learned APP for the State, opposed the bail application. He stressed that accused no.1, Niraj Mukesh Waghela, had revealed Mistry’s name, leading to the apprehension of Mistry and the other co-accused. He pointed out that five accused were involved, and while the quantities were non-commercial, the collective involvement warranted rejection of bail. The APP referred to the case of Narcotics Control Bureau V/s. Mohit Aggarwal (Cri. Appeal No.1001-1002 of 2022, decided on July 12, 2022), implying that even for non-commercial quantities, bail might not be granted in serious offenses.

Court’s Reasoning:

Upon perusal of the records, Special Judge R. R. Bhagwat observed that “intermediate quantity of contraband is recovered” and therefore, “Bar under section 37 of the NDPS Act is not attracted.” The court also noted that “No criminal antecedent of the applicant has been brought on the court.”

While acknowledging the involvement of five accused and the possibility of a “criminal conspiracy,” given that the “seizure of contraband is close to the commercial quantity,” the judge concluded that stringent conditions could be imposed to ensure Mistry’s cooperation and presence. The court recognized Mistry as a resident of Mumbai, making his presence securable.

Order for Bail:

Based on these considerations, the court ruled in favor of the applicant, allowing Bail Application No. 825/2023. Jateen Prakash Mistry is to be released on executing a Personal Recognizance (P.R.) Bond of Rs. 50,000/- with one or more sureties in the like amount, subject to the following conditions:

• Reporting: The applicant shall attend the office of ANC, Azad Maidan Unit, every Monday between 10:00 AM and 2:00 PM until the filing of the charge-sheet.
• Contact Information: The applicant and his sureties must provide their mobile numbers, correct residential addresses, and names/contact details of two relatives.
• Proof of Identity/Residence: Proof of identity and residence must be produced at the time of executing the bail bonds.
• No Tampering: The applicant shall not tamper with prosecution witnesses/evidence and must cooperate in the early disposal of the trial.
• No Similar Offence: The applicant shall not commit a similar offense while on bail.

The application was accordingly disposed of. The order was dictated and signed on October 7, 2023, and uploaded on October 10, 2023. This decision reiterates the judiciary’s adherence to the statutory classifications of drug quantities under the NDPS Act when considering bail applications.