Mumbai, Maharashtra – October 3, 2023 – The Special Court for N.D.P.S. Cases at Greater Mumbai, presided over by Special Judge Shri R. R. Bhagwat (C.R. 44), granted bail to Ranvir Kishor Gadhvi, a 26-year-old accused in a case registered by the Anti-Narcotic Cell (ANC), Kandivali Unit. Gadhvi was arrested on August 22, 2023, under C.R. No. 74/2023, for allegedly possessing 40 grams of Mephedrone (MD), an offence punishable under sections 8(c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution’s case stated that on the day of his arrest, ANC officers on patrol duty in the vicinity of R. G. Plot, Ganjewala Garden main gate, Borivali (W), found Gadhvi standing suspiciously around 7:05 PM. Upon inquiry, he allegedly revealed his name and admitted to carrying Mephedrone. Following the summoning of panch witnesses and completion of due procedure, a search was conducted, leading to the alleged recovery of 40 grams of MD concealed in a Ziplock pouch, valued at ₹80,000, along with a mobile handset. The contraband and the mobile were seized under a panchanama, and Gadhvi was subsequently arrested.

Seeking bail under Section 439 of the Code of Criminal Procedure, 1860, Gadhvi, through his advocate Ms. Lochan Chandka, argued that he was innocent and falsely implicated. A key contention was that the recovered quantity of 40 grams of Mephedrone falls under the intermediate quantity as defined by the NDPS Act. Ms. Chandka cited several judgments from the Hon’ble High Court and the Hon’ble Supreme Court where bail was granted in cases involving intermediate quantities. Gadhvi expressed his readiness to abide by all conditions imposed by the court.

Representing the State, APP Mr. Shankar Erande argued against granting bail, emphasizing that Gadhvi was found in possession of 40 grams of MD during patrolling. While acknowledging that the seized quantity was non-commercial, the APP stressed the seriousness of the offence and the fact that a wanted accused in the case was yet to be apprehended. He relied on the observations made by the Hon’ble Supreme Court in the case of Narcotics Control Bureau v/s. Mohit Aggarwal, highlighting the potential for continued investigation and the gravity of drug-related offences, even with intermediate quantities nearing commercial limits.

However, Special Judge Shri Bhagwat, after perusal of the case records, noted that an intermediate quantity of contraband was indeed recovered, which meant that the stringent bar under Section 37 of the NDPS Act was not attracted. The court also took into consideration that the applicant was a resident of Mumbai with no criminal antecedents and was a young individual. The court opined that Gadhvi’s presence could be secured through conditions imposed during the grant of bail, which could also serve the purpose of the remaining investigation.

Based on these considerations, Special Judge Shri Bhagwat allowed Bail Application No. 783/2023, granting bail to Ranvir Kishor Gadhvi upon furnishing a P. R. Bond of ₹60,000/- (Rupees Sixty Thousand only) with one or more sureties of a like amount, subject to the following conditions:

1. Gadhvi shall attend the office of the Anti Narcotic Cell, Kandivali Unit, Mumbai, every Monday between 10:00 a.m. and 2:00 p.m. until the filing of the charge sheet, for the purpose of the ongoing investigation.
2. Gadhvi and his sureties shall provide their respective mobile numbers and correct residential addresses, along with the names, mobile numbers, and addresses of two relatives.
3. Gadhvi shall produce proof of his identity and residence at the time of executing the Bail Bonds.
4. Gadhvi shall not tamper with prosecution witnesses or evidence in any manner and shall cooperate in the early disposal of the trial.
5. Gadhvi shall not commit any similar offence while on bail.

The court disposed of the application accordingly on October 3, 2023. The order was dictated on the same day, transcribed on October 4, 2023, and signed and uploaded on the court’s website on October 4, 2023.

This judgment underscores the significance of the classification of drug quantity under the NDPS Act when considering bail. The court’s decision to grant bail, despite the seriousness of the offence, highlights the importance of the intermediate quantity and the lack of prior criminal history of the accused, while also ensuring the continued cooperation of the accused with the investigation through specific conditions.