Order

15BA507

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 507/2021

Ajay Shyam Dupare

VERSUS

State of Maharashtra

Office notes, Office Memoranda of

Coram, appearances, Court'

s orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

Shri S. V. Sirpurkar, Advocate for applicant.

Shri S. A. Ashirgade, APP for non-applicant/State.

CORAM : VINAY JOSHI, J.

DATE : 30.06. 2021.

Hearing was conducted through Video

Conferencing.

2.

The applicant is seeking bail in Crime

No. 1214/2020 for the offence punishable under

Sections 8(c) read with Section 21(b) of the

Narcotic Drug and Psychotropic Substances Act,

1985 (for short ‘NDPS’ Act). The bail is primarily

claimed on the ground that the rigour of Section

37 of the NDPS Act would not apply since the

alleged seizure of contraband namely brown sugar

was weighing 49.00 grams which is lesser than

Order

15BA507

2

commercial quantity. Secondly, technical

objection about non-compliance of provision of

Section 50 of the NDPS Act has been raised. The

State resisted bail by filing reply-affidavit. The

State has not disputed that the seized quantity of

contraband is less than commercial quantity,

however, bail is resisted on the point of criminal

antecedents and chances of tampering.

3.

It is the prosecution case that on

23.12.2020, on receiving secrete information, the

Police have accosted the applicant and during his

personal search, found 49.00 grams brown sugar

worth Rs. 49,000/- which was seized and the

requisite procedure was followed.

4.

Having regard to the admitted fact that

seized brown sugar is lesser than the commercial

quantity, the stringent requirement of Section 37

of the NDPS Act have no application. The

applicant has arguable grounds on the front of

technical compliance. The prosecution has pointed

Order

15BA507

3

only one previous offence which was not under the

NDPS Act and hence, it cannot be said that there

are chances of repetition of crime. The aspect of

tampering the prosecution witnesses can be taken

care of by imposing certain conditions.

5.

Having regard to over all view of the

matter, the applicant has made out a case for grant

of bail, hence following order:-

(I)

Application stands allowed.

(II)

Applicant Ajay Shyam Dupare is

released on bail on his furnishing P.R. Bond of

Rs. 50,000/- with one solvent surety in the like

amount.

(III)

The applicant shall attend concerned

Police Station on first Monday of each month

between 10.00 a.m. to 12.00 noon for the period

of one year from today.

(III)

The applicant shall not directly or

indirectly make any inducement, threat or promise

Order

15BA507

4

to any person acquainted with the facts of the case,

as also shall not tamper with the evidence.

6.

Breach of either of the condition will

give rise to the prosecution to move this Court for

cancellation of bail.

JUDGE

Gohane.