Ajit Pathrikar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2360 OF 2025 Santosh Ratan Singh ...Applicant Versus State Of Maharashtra ...Respondent Ms. Puja Yadav i/b Shreerat Kamath, Sachin Tiwari, for the Applicant.

Ms. Megha S. Bajoria, APP for the State-Respondent.

PSI – Dastagir H. Tamboli, Virar Police Station, is present.

CORAM DR. NEELA GOKHALE, J.

DATED: 17^th DECEMBER 2025 PC:-

1. The Applicant seeks his release on bail in connection with C.R. No. 879 of 2023 dated 13^th September 2023 registered with Virar Police Station for the offences punishable under Sections 8(c) and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”).

The Applicant is the sole accused.

2. The facts of the case, in brief, are that while the police were on patrolling duty on 13^th September 2023, the Applicant was found in suspicious circumstances. He was stopped and intercepted. The compliances under the NDPS Act were followed. Panchas were called, panchanama was recorded and the personal search of the Applicant was undertaken in compliance with Section 50 of the NDPS Act. The Applicant was found to be in possession of two bags together containing 20.080 kgs of Ganja. Since the quantity was of commercial nature, the Applicant was arrested pursuant to the registration of the FIR.

3. The Applicant made an application seeking bail before the Additional Sessions Judge, Vasai. However, by order dated 17^th August 2024, the said application was rejected. Hence, the Applicant is before this Court seeking the relief as prayed.

4. Ms. Pooja Yadav, learned Counsel for the Applicant, submits that the Applicant was arrested on 13^th September 2023 and has suffered incarceration for two years. She submits that the charges are not yet framed. She also submits that the weight of the contraband during panchanama was recorded as 20.080 kgs. However, during the Inventory Panchanama, the weight of the contraband is recorded as 19.949 kgs, which is a non-commercial quantity. She further submits that the Inventory Panchanama thus, makes the case of the prosecution doubtful as to the weight of the contraband and hence, the rigours of Section 37 of the NDPS Act will not apply. She also submits that there are no antecedents pertaining to the Applicant. In these circumstances, she prays that the Applicant be released on bail.

5. Ms. Megha Bajoria, learned APP, on the other hand, submits that commercial quantity of Ganja was recovered from the Applicant. She submits that the CA report is received and tendered. As per the CA report, the contraband is tested positive for Ganja. She submits that all the other compliances of the NDPS Act are followed. She thus, prays that the Bail Application be rejected.

6. I have heard learned Counsel appearing for the respective parties and perused the record with their assistance.

7. I have perused the FIR and the Inventory Panchanama. The Ganja seized was about 20.080 kgs. However, when the Inventory Panchanama was recorded, there was a slight decrease in the quantity of Ganja, reducing the weight to 19.949 Kgs. The said Ganja is therefore, of intermediate quantity. Also, the weight at the time of seizure was taken along with the bags containing the said Ganja. In any case, the Applicant has suffered incarceration for the past two years.

8. In view of the fact that the quantity of Ganja as recorded in the Inventory Panchanama is below the commercial quantity and the fact that the charges are not yet framed, I am inclined to enlarge the Applicant on bail on the following conditions:

ORDER i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount;

ii) The Applicant shall attend the Police Station concerned, on first Monday of every month between 10:00 a.m. and 12:00 p.m., till the charges are framed. He shall also attend the Trial Court concerned on each and every date as directed, till the