Rahul Ramesh Pawar vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

Rahul Ramesh Pawar vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail in C.R. No. 06 of 2022 on furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to conditions that the applicant shall not commit any other crime and shall attend the Office of Inspector of Customs (Narcotic Cell), Pune once a month on the first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

Issue for consideration

Whether the applicant, arrested for offences punishable under Sections 21(C), 22(C) and 29(1) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is entitled to regular bail. +1 more

Court's answer

The applicant has been in jail for more than 2 years and has no other criminal antecedents of similar nature.

Ratio / Principle

The recorded weight of the contraband appears to be inclusive of the weight of the pouch in which it was kept.

Key takeaways

The weight of the pouch ought to have been excluded, as the quantity is only slightly higher than the commercial quantity.ratio¶23
In that view of the matter, the Court was inclined to release the applicant on bail and allowed the application.ratio¶23

Detailed headnote1 paragraphs

Bombay High Court (N.R. Borkar, J.) allowed regular bail in Bail Application No. 2849 of 2024 arising out of Crime No. 06 of 2022 registered at Inspector of Customs (Narcotic Cell), Pune, for offences punishable under Sections 21(C), 22(C) and 29(1) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant was apprehended on 14.11.2022 with 51.49 gram of Mephedrone. Granting bail, the Court observed that the weight of the contraband appeared to be inclusive of the weight of the pouch in which it was kept, and that the pouch weight ought to have been excluded since the quantity was only slightly higher than the commercial quantity. The Court further noted that the applicant had already been in jail for more than 2 years and had no other criminal antecedents of a similar nature. Bail was ordered on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, with conditions that the applicant shall not commit any other crime and shall attend the Office of the Inspector of Customs (Narcotic Cell), Pune once a month on the first Saturday between 11.00 a.m. and 2.00 p.m. until conclusion of the trial.

DINESH SADANAND SHERLA

9-ba-2849-24.doc

Digitally signed by DINESH SADANAND SHERLA Date: 2025.04.05 14:47:18 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2849 OF 2024

Rahul R. Pawar

…Applicant

V/s.

The State of Maharashtra

Inspector of Customs (Narcotic Cell) Customs, Pune

...Respondents.

Mr. Kamran S. Shaikh a/w. Mr. Dipak Gupta i/b Mr. Changdev S. Shingade for the Applicant.

Mr. V.A. Kulkarni, APP for the Respondent/State.

Mr. Rushikesh Munde, Spl.P.P. a/w. Adv. Tejas Bhattacharya and Adv. Shatabdi Netke for the Respondent/Customs.

CORAM : N.R. BORKAR, J. DATE : 24.02.2025.

P.C. :

This is an application for regular bail.

The applicant came to be arrested in Crime No.06 of 2022 registered at Inspector of Customs (Narcotic Cell), Pune for the offences punishable under Sections 21(C), 22(C) and 29(1) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

On 14.11.2022 the basis of secret information the applicant was apprehended and was found in possession of 51.49 gram of Mephedrone.

I have heard the learned counsel for the applicant and the learned Special P.P. for the respondent No.2/Customs.

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Dinesh S. Sherla

9-ba-2849-24.doc

I have perused the charge-sheet. The weight of the contraband appears to be inclusive of weight of pouch in which it was kept. The weight of the pouch ought to have been excluded as the quantity is slightly higher than commercial quantity. The applicant is in jail for more than 2 years. There are no other criminal antecedents of similar nature. In that view of the matter, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No. 06 of 2022 registered at Inspector of Customs (Narcotic Cell), Pune for the offences punishable under Sections 21(C), 22(C) and 29(1) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not commit any other crime.

D] The applicant shall attend the Office of Inspector of Customs (Narcotic Cell), Pune once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.]

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Dinesh S. Sherla