Allowed¶29

Dinesh Sopan Kale v. the State of Maharashtra and Anr.

Bombay HC15 Jan 2025BA/718/2024

Case brief

AI extract

What is this about?

Bombay High Court (N. R. Borkar, J., 06.03.2025) grants bail in three common-order NDPS applications (BA Nos. 716-718/2024): arrest with 56.76 kg Ganja, Crime No. 2 of 2023, Narcotic Cell Customs Pune, Ss. 8(c) & 20(b)(ii)(B)(C) NDPS Act; Section 37 commercial-quantity objection raised by Special PP; two-year incarceration, trial not commenced, no criminal antecedents; bail on PR bond Rs.25,000 each with monthly reporting condition.

What did the court decide?

Applicants to be released on bail in Crime No. 2 of 2023 (Narcotic Cell Customs Department, Pune) on furnishing P.R. Bond of Rs.25,000/- each with one or two sureties in the like amount; conditioned on monthly attendance at the Office of Narcotic Cell, Customs Pune (first Friday, 11:00 am to 2:00 pm) till conclusion of trial and not committing any other crime. ¶29

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicants are entitled to bail where they were allegedly found in possession of commercial quantity such that Section 37 of the NDPS Act would attract and its conditions must be satisfied. +1 more

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Court's answer

The applicants had been in jail for more than two years, the trial had not commenced, and there were no other criminal antecedents against them.

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Ratio / Principle

Prima facie, the court found substance in the applicants' submission that merely travelling together does not establish that all of them were carrying commercial quantity.

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Key takeaways

Considering the overall facts and circumstances, the court was inclined to release the applicants on bail and allowed the applications.ratio¶27

Detailed headnote1 paragraphs

NDPS bail – Three co-accused arrested on 28.01.2023 with 56.76 kg Ganja in Crime No. 2 of 2023, Narcotic Cell Customs, Pune, under Sections 8(c), 20(b)(ii)(B)(C) of the NDPS Act, 1985 – Held, prima facie, that the fact of the applicants merely travelling together does not establish that all were carrying commercial quantity – Applicants in custody over two years with trial not commenced and no other criminal antecedents – Despite the Special PP's plea that Section 37 NDPS conditions must be satisfied before bail, the court, considering overall facts and circumstances, released the applicants on bail – Conditions: P.R. Bond of Rs.25,000/- each with like sureties, monthly reporting at Narcotic Cell, Customs Pune on first Friday (11:00 am–2:00 pm) till conclusion of trial, and abstention from any other crime.

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902-BA-718-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 718 OF 2024

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

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WITH CRIMINAL BAIL APPLICATION NO. 716 OF 2024

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

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WITH CRIMINAL BAIL APPLICATION NO. 717 OF 2024

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

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

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

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

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

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P.C.:

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As all these three applications for bail are arising out

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

1 of 3

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.

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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.

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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.

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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.

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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

2 of 3

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 :

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O R D E R

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A] The Application is allowed.

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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.

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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.

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D] The applicants shall not commit any other crime.

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All the applications stand disposed of accordingly.

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3 of 3

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Pramod S.Lakare

Dinesh Sopan Kale v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Dinesh Sopan Kale v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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