Bombay High Court
JAVAHAR ARJUNDAS RAMNANIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted bail to the applicant, subject to specified conditions, finding no impediment under the NDPS Act or the Bharatiya Nagarik Suraksha Sanhita.
Summary
The 68‑year‑old applicant, a retired businessman, was arrested outside Chinchwad Railway Station for allegedly possessing 6.055 kg of marijuana, alleged violations of Sections 8(c) and 20(b)(ii)(b) of the NDPS Act. He filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that the prosecution had not correctly defined the seized material as ‘ganja’ and relying on the precedent set in Kunal Dattu Kadu v. Union of India. The court examined the forensic report, noted the intermediate quantity of the drug, and considered the applicant’s advanced age and status as a second‑time offender. Finding no prima facie violation of Section 42(2) of the NDPS Act and deeming the bail request appropriate, the court granted bail with stringent conditions. The order directed the applicant’s release on a personal bond of Rs 25,000, regular reporting to the investigating officer, and restrictions on movement and witness tampering, and it disposed of the bail application.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under the NDPS Act.
- Whether the seized material qualifies as ‘ganja’ within the meaning of the NDPS Act, affecting the applicability of Section 42(2).
- Whether the quantity of marijuana (6.055 kg) constitutes an intermediate quantity warranting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 42(2), 8(c)
Subjects
- bail
- NDPS Act
- marijuana
- intermediate quantity
- definition of ganja
- senior citizen
- criminal procedure
Judgment
2. BA-3456-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3456 OF 2026
Javahar Arjundas Ramnani .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Dhiraj Deepak Lalwani a/w Mr. Jinesh Jitendra Koli i/by Mr.
Arshad Anwar Shaikh, Advocates for Applicant
Ms. Sangita E. Phad, APP for State
Ms. Mohini Dongare, PSI, Chinchwad Police Station, Dist. Pune
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 16, 2026
P. C.:
1. Heard Mr. Lalwani, learned Advocate for Applicant and Ms.
Phad, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 129
of 2026 registered with Chinchwad Police Station, Pune for the
offences punishable under Sections 8(c) and 20(b)(ii)(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
‘NDPS Act’),
3. The Applicant is 68 years old and retired from business. This is
his second offense. He is apprehended in a public place outside
Chinchwad Railway Station while being in possession of the alleged
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contraband which according to the prosecution case is 6.055 kilograms
of Marijuana, namely in common parlance known as Ganja.
4. Mr. Lalwani would draw my attention to the prosecution case
and would submit that there is prima facie non-compliance of the
provisions of Section 42(2) in as much as even according to the
prosecution case, they have not adhered to the definition of 'Ganja'
while prosecuting the Applicant on the basis of the alleged contraband
material which has been seized. He would draw my attention to page
46, which is the report prepared by the Directorate of Forensic Science
Laboratories. It prima facie shows that the entire material which has
been confiscated along with flowering flowers, fruits, seeds and the
vegetative plant is suspected to be Marijuana having combined weight
of 6.055 kilograms. The description of the contraband substance given
in the said report itself gives away the case of the prosecution. The
case of the Applicant is prima facie and clearly covered by the decision
of this Court in the case of Kunal Dattu Kadu v. Union of India1.
5. In view of the above and the fact that Applicant is 68 years old
would persuade me to consider the case of the Applicant for grant of
bail and more particularly so when, even otherwise, the quantity of the
confiscated contraband is of intermediate quantity, the Applicant can
1 Anticipatory Bail Application No. 2173 of 2022
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undoubtedly be put to appropriate stringent terms. Applicant is
therefore granted bail on the following terms and conditions
(i) Applicant is directed to be immediately released from
prison in connection with C.R. No. 129 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Chinchwad Police Station, once every month on the
first Sunday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not enter the jurisdiction of Chinchwad
City except for attending the Police Station and
attending the trial;
(vi) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
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(vii) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(viii)Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(ix) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
6. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
7. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.16
20:11:40
+0530
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