Bombay High Court
MARI @ MARUTI BALU CHAVANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Rejected
Holding
Anticipatory bail cannot be granted where the offence under the NDPS Act is serious and the applicant’s antecedents do not justify such relief.
Summary
The applicant, Mari @ Maruti Balu Chavan, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered for offences under Sections 8(c) and 20(b)(ii) of the NDPS Act. The prosecution alleged that the applicant supplied a kilogram‑890 grams of Ganja to a co‑accused who was caught after a police raid at a tea house in Pune. The co‑accused’s statements and seized packing material linked the applicant to the contraband. The court noted that the offence is serious under the NDPS Act and that the applicant has two prior unrelated convictions, but found no special circumstances to merit bail. Consequently, the court rejected the anticipatory bail application. The decision was pronounced by Justice Madhav J. Jamdar on 21 September 2026.
Issues considered
- What is the applicability of Section 482 of the BNSS, 2023 for granting anticipatory bail in NDPS cases?
- Whether the seriousness of the NDPS offence and the applicant's prior antecedents preclude the grant of anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 8(c)
Subjects
- anticipatory bail
- Section 482
- NDPS Act
- narcotics
- pre‑arrest bail
- serious offence
- prior convictions
Judgment
37-ABA-2112-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2112 OF 2026
Mari @ Maruti Balu Chavan …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Adwait Bhonde i/b. Mr. Shrinath Mate, for the Applicant.
Mrs. Savita M. Yadav, APP, for the Respondent-State.
Mr. Swapnil Hans, PSI, attached to Warje Malwadi Police Station,
Pune City, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 21st SEPTEMBER 2026
PC:-
1. Heard Mr. Bhonde, learned Counsel appearing for the
Applicant and Mrs. Yadav, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.161 of 2026 registered with Warje-
Malwadi Police Station, Pune, for the offences punishable under
Sections 8(c) and 20(b)(ii) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (“NDPS Act”).
Page 1
Sonali
37-ABA-2112-2026.DOC
3. As per the prosecution case, the police received a secret
information that a woman was secretly selling Ganja from Om
Namah Shivay Tea House situated at Warje Malwadi, Pune and
police kept watch and apprehended the co-accused-Kusum
Chandrakant Wanjale on 12th May 2026. During search of the bag
in the possession of the said co-accused, 31 transparent plastic
pouches containing Ganja of 1 kilogram 890 grams was seized.
While in custody, said co-accused gave memorandum and pointed
out the place from where she had procured the said Ganja. During
investigation, it transpired that said co-accused purchased the said
Ganja from the present Applicant. The panchnama records that at
the place from where the co-accused purchased Ganja from the
present Applicant, packing material was found.
4. Thus, prima facie, the Applicant’s involvement is seen in the
crime. The offence is serious under the NDPS Act concerning
contraband Ganja.
5. There are two antecedents against the Applicant of offences
which are not similar to the present offence. In the facts and
circumstances, no case is made out to grant the anticipatory bail.
Page 2
Sonali
37-ABA-2112-2026.DOC
6. Accordingly, the Anticipatory Bail Application is rejected.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.23
10:49:38
+0530
Page 3
Sonali
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.