Mumbai: A Special Judge for NDPS (Narcotic Drugs and Psychotropic Substances) Cases in Greater Mumbai has granted bail to Ramchandra Vadu Nayar, 49, who was arrested in connection with NDPS C.R. No. 288 of 2018. The order, passed by Special Judge M.S. Mungale (C.R. NO.44) on October 16, 2018, allows Nayar’s release on a personal recognizance (PR) bond of Rs. 15,000/- with a surety of the like amount. He is also permitted to provide provisional cash security of Rs. 20,000/- for four weeks until a surety can be arranged.
Nayar, identified as Accused No. 4 in the case and a resident of Chunabhatti, Mumbai, filed his bail application under Section 439 of the Code of Criminal Procedure. His advocate, Mr. Gorakh Liman, argued for his release.
The Investigating Officer (I.O.) opposed the application, contending that Nayar is a “habitual offender” and was found using his two-wheeler vehicle to transport contraband Heroin at the instance of other accused (Accused Nos. 1 to 3). The I.O. also raised concerns that Nayar resides in a rented premises without documentary proof of residence and that if granted bail, he might assist an absconding accused named Ganesh @ Ganeshan Devendra.
However, after hearing arguments from both the applicant’s advocate and Ms. Meera Choudhari, the learned A.P.P. for the State, and reviewing the police papers, the court made key observations. The Special Judge noted that the contraband Heroin was not seized from Nayar’s direct possession. The sole allegation against him was that he used his two-wheeler for carrying Heroin for delivery. The court further pointed out that Nayar’s vehicle had already been seized by the I.O., and his address had been verified, with the I.O. confirming that Nayar resides in the stated rented premises.
Based on these facts, the court concluded that Nayar’s further custody was not required and that he was entitled to be released on bail. The court did not find the prosecution’s objections sufficient to deny bail, particularly since the direct seizure was not from him and his residence was verified.
Accordingly, Bail Application No. 735/2018 was allowed. Ramchandra Vadu Nayar is to be released on bail, subject to the following conditions:
- Executing a PR bond of Rs. 15,000/- and a surety of the like amount.
- Entitled to give provisional cash security of Rs. 20,000/- for four weeks until the surety arrangement is made.
- Before release, he must submit his address proof and photograph on record.
- He shall not tamper with the prosecution evidence.
The application stands disposed of. The order was signed on October 22, 2018, and uploaded on the same date.