Person granted bail for having violated Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985: The High Court of Bombay at Goa
Mantesh Nevarogi, was charged with Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 after the applicant was confronted on a bus stand with 2.05 kg of ganja which he alleged was less than the commercial quantity, he was with no criminal antecedents. The High Court of Bombay at Goa in a single bench led by Hon’ble Justice Manish Pitale in the matter of Mantesh Nevarogi v. State of Goa [CRMAB/684/2021].  The facts of the case are that the FIR was registered on 16th October 2021 after it was alleged that while on patrolling duty when the applicant was confronted on the bus stand, 2.05 KG of Ganja was recovered from him. The applicant had been in custody since the said date, initially, he was in police custody and thereafter he was in judicial custody. Therefore proper judicial process had been followed. The counsel from the applicant side submitted the application of bail for his client as it was submitted that there were no criminal antecedents of the applicant and he was a resident of Goa, thereby proving that he would be available for trial in any circumstance. It was also pleaded that the applicant undertakes to abide by the conditions that may be imposed for grant of bail by this Hon’ble court. The prosecutor from the government side pleaded that further custody of the applicant was necessary as the investigation was under progress. The High Court of Bombay at Goa considered the facts of the present and took notice, particularly that the quantity of Ganja allegedly recovered from the applicant was of variable quantity and very much less than the commercial quantity. Thus, does the court was inclined to grant bail by imposing appropriate conditions which were necessary. The appropriate conditions are Play firstly the applicant shall be released on furnishing a personal bond of Rs.50,000. Second, the applicant shall attend Fatorda Police Station every Monday between 10 AM to 12 PM noon till the filing of the chargesheet. The applicant has to attend each and every date of proceedings. The applicant shall also cooperate with the investigation and he shall not himself or through any other person indulge in any activity that would tamper with the evidence or influence the witnesses. The applicant shall not indulge in any activity which would attract offence similar to the one already registered in the present case. The Hon’ble Court directed “Needless to say that violation of any of the aforesaid conditions shall make the applicant liable for cancellation of bail. It is clarified that merely because the applicant has been granted bail, the concerned Court shall not be influenced during the course of the trial.” Thus, the bail application was allowed.
13 CRMAB684 21 F.DOC IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLIATION BAIL NO. 684 OF 2021(FILING) MANTESH NEVARAGI PRESENTLY LODGED IN JUDICIAL CUSTODY AT COLVALE THR. SURAJ STATE OF GOA THR. THE POLICE INSPECTOR STAITON FATORDA AND …. Applicant. Mr. S. Keny Advocate for the applicant. Mr. S G. Bhobe Public Prosecutor for the respondents CORAM: MANISH PITALE J DATE: 28th October 2021 By this application the applicant is seeking bail in connection with the crime no.56 2021 whereby offence have been registered under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act 1985 FIR was registered on 16.9.2021. It is alleged that while on patrolling duty when the applicant was 28th October 2021 13 CRMAB684 21 F.DOC confronted on a bus stand 2.05 kg of ganja was recovered from him. The applicant has been in custody since the said date. Initially he was remanded to police custody and thereafter he is in judicial custody The learned counsel appearing for the applicant submitted that the quantity of the ganja allegedly recovered from the applicant is below the commercial quantity of 20kg. It is submitted that there are no criminal antecedents of the applicant and he is resident of Goa thereby showing that he would be available for trial The applicant undertakes to abide by the conditions that may be imposed for grant of bail The learned Public Prosecutor has filed say which is taken on record. It is submitted that further custody of the applicant would be necessary as the investigation is Considering the facts of the present case particularly the quantity of ganja allegedly recovered from the applicant being variable quantity and much less than the commercial quantity this Court is inclined to 28th October 2021 13 CRMAB684 21 F.DOC grant bail by imposing appropriate conditions In view of the above the application is allowed in the following terms: The applicant shall be released on furnishing personal bond of ₹50 000 Rupees fifty thousand only) with one surety in the like amount ii. The applicant shall attend Fatorda Police Station on every Monday between 10.00 a.m to 12.00 noon till filing of the chargesheet. iii. The applicant shall attend each and every date of proceedings iv. The applicant shall co operate with the Investigation and he shall not himself or through any other person indulge in any activity that would tamper with the evidence or influence the witnesses v. The applicant shall furnish his address and contact number to the Investigating Officer as also the Court. vi. The applicant shall not indulge in any activity which would attract offence similar to the one already registered in the present case. 28th October 2021 13 CRMAB684 21 F.DOC 8. Needless to say that violation of any of the aforesaid conditions shall make the applicant liable for cancellation of bail. It is clarified that merely because the applicant has been granted bail the concerned Court shall not be influenced during the course of trial. MANISH PITALE J 28th October 2021