Mumbai, Maharashtra – A Special Court for Greater Bombay, operating under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, has granted bail to three individuals – Kalidas Dhanaji Pawar (22), Ramabai Shankar Kale (45), and Akkabai Bajirao Kale (59) – who were arrested in connection with a ganja seizure. The order, delivered by Additional Sessions Judge Shri S.V. Yarlagadda on September 6, 2018, allows their release on a Personal Recognizance (P.R.) Bond of ₹25,000 each, with one or two solvent sureties of a like amount.

The three applicants were arrested on August 10, 2018, in Crime No. 34/2018 of the Anti-Narcotics Cell (ANC), Bandra Unit, Mumbai. They face charges under Section 8(c) punishable under Sections 20 & 29 of the NDPS Act. Allegedly, 1.5 kg, 800 grams, and 700 grams of ganja were seized from Kalidas Dhanaji Pawar, Ramabai Shankar Kale, and Akkabai Bajirao Kale, respectively.

During the bail application (Bail Application No. 597 of 2018), Ms. Priyanka Chabbria, holding brief for Mr. Sandeep D. Sherkhane, represented the accused. Mr. P.S. Tawade, the Additional Public Prosecutor (APP), appeared for the State.

A key point of contention and the basis for the court’s decision was the quantity of ganja seized. The court explicitly noted, and it was “no dispute,” that the alleged quantities recovered from the applicants were “below the commercial quantity.” This crucial fact meant that the stringent provision of Section 37(1)(b) of the NDPS Act, which places higher barriers to bail for offenses involving commercial quantities, was “not attracted.”

Ms. Chabbria, on behalf of the applicants, reiterated the grounds for bail, emphasizing that applicants No. 2 and 3 (Ramabai Shankar Kale and Akkabai Bajirao Kale) are women with dependent children and are the “bread earners of their respective families.” She argued that they had been falsely implicated and were ready to comply with any conditions imposed by the court.

The prosecution, in its reply, opposed the bail, citing that the investigation was still ongoing, particularly concerning “other companions of the applicants and the source of the ganja and the intended purchasers, etc.” They also raised concerns about the possibility of the applicants repeating the offense or absconding if released.

However, Judge Yarlagadda’s order found these objections insufficient to deny bail given the circumstances. The order stated there was “no allegation that the accused are involved in an offence punishable with death or imprisonment for life” and reiterated that Section 37(1)(b) of the NDPS Act was not applicable. Furthermore, there was “no allegation of criminal antecedents of the applicants.”

The court concluded that since the applicants had already been taken into judicial custody, their “detention is not necessary for the remaining part of the investigation.” Consequently, the judge was “inclined to grant the bail on necessary conditions.”

The conditions for their release are:

• The applicants shall not commit any offense under the Narcotic Drugs and Psychotropic Substances Act.
• The applicants shall make themselves available for investigation purposes as and when summoned by the Investigating Officer.

The bail application was allowed and disposed of accordingly. The order was dictated and pronounced in open court on September 6, 2018, and later signed and uploaded on September 10, 2018.