ARJUN KAILAS DEVKARversusSTATE OF MAHARASHTRA

                                                                            10. BA 3503-2026.doc

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3503 OF 2026

                      Arjun Kailas Devkar                               .Applicant

                                Vs.

                      The State of Maharashtra                          .Respondent

                      Mr. Rajendra Bidkar a/w. Mr. Rahul Varde, Advocates, for the Applicant
ANAND                 Ms. Shilpa G. Talhar, APP, for the Respondent – State
SUDHAKAR
SUDAME                Mr. Jitendra Mhare, PSI present
Digitally signed by
ANAND SUDHAKAR
SUDAME                                   CORAM : MILIND N. JADHAV, J.
Date: 2026.09.22
21:39:48 +0530

                                         DATE     : 21.09.2026
                      P. C.

                      1.      Heard Mr. Bidkar, learned Counsel for the Applicant and Ms.

                      Talhar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 65 of 2024 registered with Panvel Taluka Police Station for

                      offences punishable under Sections 8(c), 20(b) & 29 of the Narcotic

                      Drugs and Psychotropic Substances Act, 1985 (for short “NDPS”).

                      3.      The Applicant is indicted in an NDPS offence for having been

                      apprehended along with the alleged contraband namely ‘Ganja’.

                      According to the prosecution, a total amount of 34.05 Kg Ganja has

                      been recovered from the car in which the Accused No. 1 and Accused




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No. 2 were traveling. Accused No. 2 is before the Court. Accused No.1,

being a driver of the car has been enlarged on bail. The car belongs to

a third person from whom the Accused No. 1 has borrowed it for

driving. Insofar as the case of the prosecution is concerned, it is prima

facie seen that the alleged contraband was recovered from two gunny

bags and when according to the Spot Panchanama, the gunny bags

were opened, the contraband therein was identified as Ganja along

with sticks, stems and leaves together. Insofar as the alleged

contraband is concerned, learned Counsel has argued that according to

the definition of Ganja, under Section 2(3)(b) of the NDPS Act and as

interpreted by this Court in a number Judgments, the prosecution is

required to weigh such contraband by separating its flowering seeds

from its stems and leaves. That not having been done in writ large on

the face of record when the prosecution panchanama appended at page

No.78 is seen. Such non-compliance of the provisions of Section 42 of

the NDPS Act and the fact that the Applicant is incarcerated for the

past more than two years and six months in jail without the trial

having commenced or for that matter it will conclude in the near

future, persuades me to allow the Application for grant of bail. The

Application is allowed.

4.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

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and conditions:-

         (i)   Applicant – Arjun Kailas Devkar is directed to be

               immediately released from prison in connection with

               CR. No. 65 of 2024;


         (ii) Applicant is directed to be released on bail on furnishing

               P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with

               one or two sureties of the like amount;


         (iii) Applicant shall report to the Investigating Officer at

               Panvel Taluka Police Station, once every month, on the

               first Monday of the month between 10:00 a.m. to 12:00

               p.m. until commencement of trial and thereafter shall

               attend all dates of hearing before the Trial Court;


         (iv) Applicant shall cooperate with the conduct of the trial

               and remain present before the Trial Court on all dates,

               unless specifically exempted. Applicant shall not seek

               unnecessary adjournments. Any such conduct shall

               entitle the prosecution to apply for cancellation of bail;


         (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;


         (vi) Applicant shall not influence any of the witnesses or
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                 tamper with the evidence in any manner;


           (vii) Applicant shall keep the Investigating Officer informed

                 of his current residential address and mobile telephone

                 number and shall forthwith inform the Investigating

                 Officer of any change in his residential address or

                 mobile telephone number, as and when such change

                 occurs; and


           (viii)Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


5.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


6.      Bail Application is allowed and disposed in the above terms.




                                                  (MILIND N. JADHAV, J.)




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