Deepak Shankar Kale vs the State of Maharashtra and Anr. — Narcotics (NDPS) | Bombay HC (2025)

Deepak Shankar Kale vs the State of Maharashtra and Anr. — Narcotics (NDPS) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release of the applicants on bail in Crime No. 2 of 2023 on furnishing a P.R. bond of Rs.25,000/- each with one or two sureties in the like amount; attendance at the Office of Narcotic Cell, Customs Pune once a month (first Friday, 11:00 am to 2:00 pm) till conclusion of the trial; and abstention from committing any other crime.

Issue for consideration

Whether the applicants, apprehended together with 56.76 kg of Ganja and opposed on the ground that possession of commercial quantity attracts the Section 37 NDPS bail bar, are entitled to release on bail.

Court's answer

Prima facie, there appears to be substance in the submission of the learned counsel for the applicants.

Ratio / Principle

Detention of over two years without commencement of trial, coupled with absence of other criminal antecedents, weighed in favour of releasing the applicants on bail.

Key takeaways

Considering the overall facts and circumstances, the Judge was inclined to release the applicants on bail.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (N. R. Borkar, J.), common order dated 06.03.2025 allowing Criminal Bail Application Nos. 716, 717 and 718 of 2024 of Dinesh Sopan Kale, Deepak Shankar Kale and Hanumant Sarjerao Kale, arising out of one and the same crime. The applicants, arrested in Crime No. 2 of 2023 of Narcotic Cell Customs, Pune, for offences under Sections 8(c) and 20(b)(ii)(B)(C) of the NDPS Act, 1985, had been apprehended together on a train on 28.01.2023 with 56.76 kg of Ganja. The Special PP for Respondent No. 2 opposed bail, contending that possession of commercial quantity attracted Section 37 NDPS; the Court found prima facie substance in the applicants' submissions and, observing that they had been in jail for more than two years, the trial had not commenced, and there were no other criminal antecedents, directed their release on a P.R. bond of Rs.25,000/- each with one or two sureties in the like amount, subject to monthly attendance at the Narcotic Cell office, Customs Pune, on the first Friday between 11:00 am and 2:00 pm till conclusion of the trial.

902-BA-718-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 718 OF 2024

Dinesh Sopan Kale ...Applicant VERSUS The State of Maharashtra and Anr. ...Respondents

WITH

CRIMINAL BAIL APPLICATION NO. 716 OF 2024

Deepak Shankar Kale ...Applicant VERSUS The State of Maharashtra and Anr. ...Respondents

WITH CRIMINAL BAIL APPLICATION NO. 717 OF 2024

Hanumant Sarjerao Kale ...Applicant VERSUS The State of Maharashtra and Anr. ...Respondents

Mr. Mithilesh Mishra a/w Mr. Shrinath Mate, Advocate for the Applicant.

Mr. C. D. Mali, A.P.P. for the Respondent – State.

Mr. Rushikesh Munde Special PP. a/w Ms. Shatabdi N. & Mr. Tajas Bhattacharya, advocate for Respondent No.2.

CORAM : N. R. BORKAR, J. DATE : 06.03.2025.

P.C.:

As all these three applications for bail are arising out

of one and the same crime, they are being disposed of by this common order.

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Pramod S.Lakare

902-BA-718-2024.doc

The applicants came to be arrested in Crime No. 2 of 2023 registered at Narcotic Cell Customs, Pune, for the offences punishable under Sections 8(c), 20(b)(ii)(B)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

On 28.01.2023 on the basis of secret information, the present applicants were apprehended while they were travelling together by train and they were found in possession of 56.76 kg of Ganja.

The learned counsel for the applicants submits that only on the basis of the alleged fact that the applicants were travelling together, it cannot be said that all the applicants were carrying commercial quantity. It is submitted that the applicants are in jail for more than two years and there are no other criminal antecedents against the present applicants.

On the other hand, the learned Special PP for the Respondent No.2 submits that the applicants were apprehended while they were travelling together. It is submitted that as the applicants were found in possession of commercial quantity Section 37 of the NDPS Act would attract and unless the conditions mentioned therein are satisfied, the applicants are not entitled to bail.

Prima facie there appears to be substance in the submission of the learned counsel for the applicant. The applicants are in jail for more than two years and the trial has not commenced. There are no other criminal antecedents. Considering the overall facts and

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Pramod S.Lakare

902-BA-718-2024.doc

circumstances, I am inclined to release the applicants on bail. In the result, the following order is passed :

O R D E R

A] The Application is allowed.

B] The applicants be released on bail in Crime No. 2 of 2023 registered at Narcotic Cell Customs Department, Pune, for the offences punishable under Sections 8(c), 20(b)(ii)(B)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing P.R Bond in the sum of Rs.25,000/- each (Rupees Twenty Five Thousand ) with one or two sureties in the like amount.

C] The applicants shall attend the Office of Narcotic Cell, Customs Pune once in a month i.e., on first Friday between 11:00 am to 2:00 pm, till conclusion of the trial.

D] The applicants shall not commit any other crime.

All the applications stand disposed of accordingly.

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Pramod S.Lakare