Mumbai, Maharashtra – November 29, 2023 – The Special Judge for N.D.P.S. Cases at Greater Mumbai, Shri R. R. Bhagwat (C.R.44), today granted bail to Suraj Premchandra Gupta in Bail Application No. 925 of 2023. Gupta was arrested in connection with C.R. No. 886/2023 registered at Oshiwara Police Station for offenses punishable under sections 8(c) read with 21(b) & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Background of the Case:

According to the prosecution, on March 28, 2023, while on patrolling duty, informant Amol Sutar, a Police Constable (PC) from Oshiwara Police Station, observed two individuals, including Gupta, acting suspiciously near Shantivan Road, Hanuman Mandir, Jogeshwari (W), Mumbai. Upon noticing the police team, the individuals attempted to flee but were apprehended by API Anand Nagrale.

During the subsequent search, 4 grams of MD (Mephedrone) were recovered from Suraj Premchandra Gupta (Accused No. 1), and 3 grams of MD were recovered from Mohd. Shahbaz Imamul Shaikh (Accused No. 2). Two mobile handsets were also seized. Both accused were arrested, and during the investigation, they reportedly disclosed the names of “Sabu, Divakar Siraj, Ajju, and Vishal” as suppliers of the drug.

Applicant’s Plea for Bail:

Mr. Mehmood Shaikh, the learned advocate representing Suraj Premchandra Gupta, argued for his client’s bail on several grounds:

• False Implication: The accused is falsely implicated in the case.
• Quantity of Contraband: Only 4 grams of MD were recovered from the applicant. This quantity is “just more than small quantity and below commercial quantity,” meaning the stringent bar under Section 37 of the NDPS Act is not attracted.
• No Criminal Antecedents: The applicant has no prior criminal record.
• Local Resident: Gupta is a resident of Mumbai, assuring his presence during trial.
• Sole Breadwinner: He belongs to a poor family and is the sole breadwinner, highlighting the hardship of his continued detention.
• Willingness to Abide by Conditions: The applicant is ready to comply with any bail conditions imposed by the Court.
• Parity: A crucial argument was that a co-accused in the same case has already been released on bail, thus seeking bail for Gupta on the ground of parity.
• Reliance on Citations: The applicant’s counsel also relied upon several citations where bail was granted even in cases involving commercial quantities, further reinforcing the argument against the applicability of Section 37 in this specific instance.

Prosecution’s Opposition:

Mr. Shankar Erande, the learned Additional Public Prosecutor (APP) for the State, opposed the bail application, stating that the accused were caught red-handed with MD during a patrolling duty, and all mandatory procedures were followed during their arrest. He highlighted that the “source of contraband is not known” and characterized the offense as “serious,” urging for the rejection of bail.

Court’s Deliberation and Order:

Special Judge R. R. Bhagwat carefully considered the rival submissions and the material on record. The court’s order noted the recovery of 4 grams of MD from the applicant. Critically, the court confirmed that this quantity falls under the “intermediate quantity” category, thereby concluding that the bar under Section 37 of the NDPS Act is indeed not attracted.

The court further took into account:

• The applicant’s status as a resident of Mumbai.
• The absence of criminal antecedents for the applicant.
• The fact that a co-accused has already been released on bail, granting the applicant the benefit of the ground of parity.

Considering these factors, the court determined that the applicant could be released on bail, albeit with stringent conditions to ensure cooperation with the investigation and trial.

Bail Conditions:

Accordingly, the Special Judge allowed Bail Application No. 925/2023 and ordered Suraj Premchandra Gupta to be released on executing a Personal Recognizance (P. R.) Bond of Rs. 30,000/- (Rupees Thirty Thousand only) with one or two sureties in the like amount.

The bail is subject to the following conditions:

• The applicant shall attend Oshiwara Police Station every Monday between 11:00 a.m. to 02:00 p.m. until the filing of the charge-sheet.
• The applicant and his sureties shall provide their mobile numbers and correct addresses of their residences, along with names and mobile numbers/addresses of two relatives.
• The applicant shall produce proof of his identity and residence at the time of executing the bail bond.
• The applicant shall not tamper with prosecution witnesses/evidence in any manner and co-operate in the early disposal of the trial.
• The applicant shall not commit similar offenses while on bail.

Furthermore, upon the request of the applicant’s advocate, the court allowed for the immediate release of the applicant on a provisional cash bail of Rs. 30,000/- for a period of four weeks from the date of the order, providing time to arrange for the sureties.

The bail application was disposed of accordingly.